Rule2023-22299

Implementation of 2022 Wassenaar Arrangement Decisions and Request for Comments on License Exception Eligibility for Certain Supersonic Aero Gas Turbine Engine Component Technology

Primary source

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Published
October 18, 2023
Effective
October 18, 2023

Issuing agencies

Commerce DepartmentIndustry and Security Bureau

Abstract

The Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. During the December 2022 Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA) Plenary meeting, Participating States of the WA (Participating States) made certain decisions affecting the WA dual-use and munitions control lists, which BIS is now implementing via amendments to the CCL. BIS seeks comments on restricting STA eligibility for countries in EAR Country Group A:5 of certain technology for the development of supersonic aero gas turbine engine components controlled under ECCN 9E003.k, formerly controlled under ECCN 9E001 as part of its ongoing assessment of current export control licensing policy.

Full Text

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<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
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[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Rules and Regulations]
[Pages 71932-71985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22299]



[[Page 71931]]

Vol. 88

Wednesday,

No. 200

October 18, 2023

Part II





 Department of Commerce





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 Bureau of Industry and Security





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15 CFR Parts 734, 740, 742, et al.





Implementation of 2022 Wassenaar Arrangement Decisions and Request for 
Comments on License Exception Eligibility for Certain Supersonic Aero 
Gas Turbine Engine Component Technology; Interim Final Rule

Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / 
Rules and Regulations

[[Page 71932]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 740, 742, 772, and 774

[Docket No. 230929-0236]
RIN 0694-AI95


Implementation of 2022 Wassenaar Arrangement Decisions and 
Request for Comments on License Exception Eligibility for Certain 
Supersonic Aero Gas Turbine Engine Component Technology

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Interim final rule, with request for comment.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains, as part 
of its Export Administration Regulations (EAR), the Commerce Control 
List (CCL), which identifies certain items subject to Department of 
Commerce jurisdiction. During the December 2022 Wassenaar Arrangement 
on Export Controls for Conventional Arms and Dual-Use Goods and 
Technologies (WA) Plenary meeting, Participating States of the WA 
(Participating States) made certain decisions affecting the WA dual-use 
and munitions control lists, which BIS is now implementing via 
amendments to the CCL. BIS seeks comments on restricting STA 
eligibility for countries in EAR Country Group A:5 of certain 
technology for the development of supersonic aero gas turbine engine 
components controlled under ECCN 9E003.k, formerly controlled under 
ECCN 9E001 as part of its ongoing assessment of current export control 
licensing policy.

DATES: This rule is effective October 18, 2023. Comments specific to 
ECCN 9E003.k must be received by BIS no later than December 4, 2023.

ADDRESSES: Comments on this rule may be submitted to the Federal 
rulemaking portal (<a href="http://www.regulations.gov">www.regulations.gov</a>). The <a href="http://regulations.gov">regulations.gov</a> ID for 
this rule is: BIS-2023-0025. Please refer to RIN 0694-AI95 in all 
comments.
    All filers using the portal should use the name of the person or 
entity submitting the comments as the name of their files, in 
accordance with the instructions below. Anyone submitting business 
confidential information should clearly identify the business 
confidential portion at the time of submission, file a statement 
justifying nondisclosure and referring to the specific legal authority 
claimed, and provide a non-confidential version of the submission.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' Any submissions with file names that do not 
begin with either a ``BC'' or a ``P'' will be assumed to be public and 
will be made publicly available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Commenters submitting business confidential information are encouraged 
to scan a hard copy of the non-confidential version to create an image 
of the file, rather than submitting a digital copy with redactions 
applied, to avoid inadvertent redaction errors which could enable the 
public to read business confidential information.

FOR FURTHER INFORMATION CONTACT: For general questions, contact Sharron 
Cook, Office of Exporter Services, Bureau of Industry and Security, 
U.S. Department of Commerce at 202-482-2440 or by email: 
<a href="/cdn-cgi/l/email-protection#1043787162627f7e3e537f7f7b507279633e747f733e777f66"><span class="__cf_email__" data-cfemail="3f6c575e4d4d5051117c5050547f5d564c115b505c11585049">[email&#160;protected]</span></a>.

For Technical Questions Contact

Categories 0, 1 & 2: Sean Ghannadian at 202-482-3429 or 
<a href="/cdn-cgi/l/email-protection#590a3c3837771e31383737383d303837193b302a773d363a773e362f"><span class="__cf_email__" data-cfemail="792a1c1817573e11181717181d101817391b100a571d161a571e160f">[email&#160;protected]</span></a>
Category 3: Carlos Monroy at 202-482-3246 or <a href="/cdn-cgi/l/email-protection#672406150b0814492a080915081e27050e144903080449000811"><span class="__cf_email__" data-cfemail="581b392a34372b761537362a3721183a312b763c373b763f372e">[email&#160;protected]</span></a>
Categories 4 & 5: Aaron Amundson or <a href="/cdn-cgi/l/email-protection#2d6c4c5f4243036c405843495e42436d4f445e0349424e034a425b"><span class="__cf_email__" data-cfemail="d495b5a6bbbafa95b9a1bab0a7bbba94b6bda7fab0bbb7fab3bba2">[email&#160;protected]</span></a>
Categories 6: John Varesi at 202-482-1114 or <a href="/cdn-cgi/l/email-protection#c78da8afa9e991a6b5a2b4ae87a5aeb4e9a3a8a4e9a0a8b1"><span class="__cf_email__" data-cfemail="cf85a0a7a1e199aebdaabca68fada6bce1aba0ace1a8a0b9">[email&#160;protected]</span></a>
Categories 7: David Rosenberg at 202-482-5987, John Varesi at 202-482-
1114 or <a href="/cdn-cgi/l/email-protection#ade9ccdbc4c983ffc2dec8c3cfc8dfcaedcfc4de83c9c2ce83cac2db"><span class="__cf_email__" data-cfemail="642005120d004a360b17010a0601160324060d174a000b074a030b12">[email&#160;protected]</span></a> or <a href="/cdn-cgi/l/email-protection#0c46636462225a6d7e697f654c6e657f2268636f226b637a"><span class="__cf_email__" data-cfemail="145e7b7c7a3a42756671677d54767d673a707b773a737b62">[email&#160;protected]</span></a>
Category 9: David Rosenberg at 202-482-5987, Jason Chauvin at 202-482-
6462 or <a href="/cdn-cgi/l/email-protection#f3b792859a97dda19c80969d91968194b3919a80dd979c90dd949c85"><span class="__cf_email__" data-cfemail="86c2e7f0efe2a8d4e9f5e3e8e4e3f4e1c6e4eff5a8e2e9e5a8e1e9f0">[email&#160;protected]</span></a> or <a href="/cdn-cgi/l/email-protection#dd97bcaeb2b3f39eb5bca8abb4b39dbfb4aef3b9b2bef3bab2ab"><span class="__cf_email__" data-cfemail="b2f8d3c1dddc9cf1dad3c7c4dbdcf2d0dbc19cd6ddd19cd5ddc4">[email&#160;protected]</span></a>
``600 Series'' (munitions items): Jeffrey Leitz at 202-482-7417 or 
<a href="/cdn-cgi/l/email-protection#19537c7f7f6b7c6037557c706d63597b706a377d767a377e766f"><span class="__cf_email__" data-cfemail="b3f9d6d5d5c1d6ca9dffd6dac7c9f3d1dac09dd7dcd09dd4dcc5">[email&#160;protected]</span></a>

SUPPLEMENTARY INFORMATION:

Background

    The WA (<a href="http://www.wassenaar.org/">http://www.wassenaar.org/</a>) is a group of 42 like-minded 
states committed to promoting responsibility and transparency in the 
global arms trade and preventing destabilizing accumulations of 
conventional weapons. As a Participating State of the WA (Participating 
State), the United States has committed to controlling for export all 
items on the WA's List of Dual-Use Goods and Technologies (WA Dual-Use 
List) and on the WA Munitions List (together, WA control lists). The WA 
control lists were first established in 1996 and have been revised 
annually thereafter. Participating States implement changes to the WA 
control lists as soon as possible after the WA Plenary. By doing so in 
a timely manner, the United States demonstrates its decisive support 
for the goals of the WA, namely, that transfers do not contribute to 
the development or enhancement of military capabilities or are not 
diverted to support such capabilities. Timely implementation also 
ensures that U.S. companies have a level playing field with their 
competitors in other Participating States.

Revisions to the Commerce Control List Related to WA 2022 Plenary 
Meeting Decisions

    Revisions (14) ECCNs: 1B001, 4D001,4E001, 6A005, 6B007, 7A003, 
7E004, 8A001, 8A002, 9A001, 9A003, 9E001, 9E002, and 9E003.
    Editorial Revision to Technical Notes in (55) ECCNS: This rule adds 
the phrase `For the purposes of' in various Technical Notes in singular 
and plural form in ECCNs 1A004, 1A006, 1A007, 1A008, 1B001, 1C001, 
1C002, 1C005, 1C008, 1C010, 1C011, 2A001, 2B004, 2B006, 2B008, 2B009, 
2E003, 3A001, 3A002, 3B001, 3D003, 3D006, 3E001, 3E002, 4A004, 4D001, 
4E001, 5A001, 5A002, 5A004, 6A001, 6A002, 6A003, 6A004, 6A005, 6A006, 
6A007, 6A008, 6B007, 6C002, 6C005, 6D003, 6E003,7A004, 7A005, 7A006, 
7B001, 7D002, 7E004, 8A002, 8C001, 8E002, 9A004, 9B005, and 9E003. The 
intention of this revision is to ensure consistency among ECCNs.

1C010 ``Fibrous or Filamentary Materials''

    This rule makes an editorial revision by adding a reference to 
1C010.e.1.b to technical note 1 because both paragraphs e.1.b.1 and 
e.1.b.2 use terms referenced in this technical note.

4D001 ``Software'' and 4E001 ``Technology''

    In paragraphs 4D001.b.1 and 4E001.b.1, this rule changes the 
parameters of Weighted TeraFLOPS (WT) from 15 to 24. This change is 
made because processors with built-in hardware memory-coherent 
interconnects allow groupings of up to 8 processors without any 
additional

[[Page 71933]]

technical know-how, and it is widely believed that a single processor 
will reach Adjusted Peak Performance (APP) levels of up to 2 WT in the 
next year, and up to 2.5 WT by the 2025 timeframe. Thus, companies will 
soon be able to build computers that exceed the current APP levels 
without any additional technology. The corresponding technology and 
software levels in License Exception APP (Section 740.7 of the EAR) 
were adjusted in a final rule that implemented certain changes agreed 
to at the December 2021 WA Plenary. See 88 FR 12108 (February 24, 
2023). Thus, BIS is not making any additional adjustments to those 
thresholds at this time.

6A005 ``Lasers'', ``Components'' and Optical Equipment

    This rule raises the ``average output power'' parameter from ``50 
W'' to ``80 W'' in 6A005.b.3.a.2. For the industrial applications that 
use green lasers, the power level is a key factor in manufacturing 
productivity. These applications require certain pulse energies for the 
resultant processes. To enhance manufacturing productivity, the 
repetition frequency for a given pulse energy must be increased, 
thereby requiring an increase in the average output power. Today, the 
average output power requirements for industrial green lasers exceed 
the WA threshold of 50 W, and are expected to continue an upward trend 
to more than 80 W. Companies outside of Participating States compete in 
the industrial green laser market, for example, several Chinese 
companies manufacture green lasers with average output power in the 50-
80 W range.
    To accommodate increased demand for single-mode semiconductor laser 
diodes, a decision was made during the WA 2022 Plenary to increase the 
technical parameters for semiconductor lasers. Specifically, adjusting 
the wavelength from 1,510 nm to 1,570 nm in 6A005.d.1.a.1 and d.1.a.2 
groups these lasers with other semiconductor lasers with lower 
sensitivity applications. As a result, the necessary output power 
accommodation for automotive Light Detection and Ranging (LIDAR) 
applications is achieved with a modest output power increase from 1.5 W 
to 2.0 W in 6A005.d.1.a.1. Semiconductor lasers that fall within these 
parameters, while very useful for automotive LIDAR, have limited 
utility in military applications.

6A007 Gravity Meters (Gravimeters) and Gravity Gradiometers

    A technical note to define `time-to-steady-state registration' is 
added after paragraph 6A007.b.2, to harmonize this entry with the entry 
on the WA Dual-Use List.

6B007 Equipment To Produce, Align and Calibrate Land-Based Gravity 
Meters

    This rule adds the word ``less'' to the heading of ECCN 6B007 to 
clarify that an ``accuracy'' better than 0.1 mGal is less than 0.1 
mGal.

7A003 `Inertial Measurement Equipment or Systems'

    This rule moves the definition of `inertial measurement equipment 
or systems' from Note 1 to a technical note, so that this entry is 
consistent with other CCL entries in which definitions are set forth in 
technical notes.

8A001 Submersible Vehicles and Surface Vessels

    In paragraph 8A001.c.1.c, this rule adds the term `wireless' before 
the term `optical data' to clarify that the reference is to 
communications through water and to distinguish Remotely Operated 
Vehicles (ROVs) having this capability from those designed to only use 
a fiber optic data link.

8A002 Marine Systems, Equipment, ``Parts'' and ``Components''

    In paragraphs 8A002.o.2.b and 8A002.o.2.c, this rule replaces the 
term `engines' with `motors' before the term `propulsion.' While the 
terms ``engines'' and ``motors'' are largely interchangeable, it was 
determined that ``motor'' is more commonly used in the context of 8A002 
items. In paragraph 8A002.o.4, this rule adds a new control for 
permanent magnet propulsion systems (PM propulsion systems) to 
adequately cover propulsion systems using permanent magnet motors, 
including Rim Driven Propulsion systems (RDPs).

9A001 Aero Gas Turbine Engines, and Technology Therefor in 9E001 and 
9E002

    This rule revises 9A001, 9A003, 9E001, 9E002, and 9E003 to permit 
the same civil certification release from 9A001 to 9A991 for supersonic 
aero gas turbine engines that is available for subsonic aero gas 
turbine engines.
    The rule conforms with the decisions made at WA with regard to 
9A001, specifically to combine 9A001.a and 9A001.b to allow for the 
same exclusion when the engine is certified by type with a civil 
certified supersonic aircraft. This rule revises the reference to 
9A001.a in Notes 1 and 2 to read as 9A001, as 9A001.a is now the only 
subparagraph in 9A001. Note 1 now excludes from 9A001 aero gas turbine 
engines that power an ``aircraft'' to Mach 1 or higher for more than 30 
minutes if the engines have been certified by an appropriate civil 
aviation authority, and are intended to power an ``aircraft'' for which 
a type certificate (or equivalent document) has been issued, as these 
engines are now controlled under ECCN 9A991 for AT reasons. As a 
conforming revision, the reference to 9A001.b is removed from the 
headings of ECCNs 9E001 and 9E002, as well as from the license 
requirements tables of these ECCNs. In addition, consistent with the 
removal of 9A001.b from the CCL, as described above, this rule also 
removes paragraphs (E) and (F) from Sec.  740.20(b)(2)(viii), which had 
identified technology associated with 9A001.b that was ineligible for 
export, reexport, and transfer (in-country) under License Exception 
STA. Former paragraph (G) is redesignated as paragraph (E).

9A003 ``Specially Designed'' Assemblies or ``Components,'' 
Incorporating Any of the ``Technologies'' Controlled by 9E003.a, 
9E003.h, 9E003.i, or 9E003.k, for Any of the Following Aero Gas Turbine 
Engines

    This rule adds paragraph 9E003.k to the heading of ECCN 9A003, 
which expands the scope of control of assemblies and components under 
this ECCN.

9E003 Other ``Technology'' as Specified

    This rule makes a simple editorial change to remove the first comma 
in 9E003.c after ``cooling holes'' that otherwise might bring confusion 
to the control text. This rule also redesignates 9E003.k as 9E003.l and 
adds a new paragraph 9E003.k to control specific technologies, formerly 
controlled by 9E001, that are peculiarly responsible for the 
development of an aero gas turbine engine that can enable an aircraft 
to cruise at supersonic speeds (Mach 1 or greater) for more than 30 
minutes. This technology addition to 9E003 addresses the 
``development'' of systems and components that enable the engine and 
aircraft to operate a supersonic speed. Because 9E003.k references 
engine capability (which does not change with certification) this 
important ``development'' technology will remain controlled even after 
the engine enters civil operation. The license requirement table is 
amended to reflect the redesignation of 9E003.k to

[[Page 71934]]

9E003.l to the SI control paragraph. Related revisions as a result of 
this redesignation are made to Sec. Sec.  734.4(a)(4), 
740.20(b)(2)(viii), 742.14(a), and the introductory text of 742.14(b).
    The new 9E003.k technology for supersonic engines controls 
development technology only. The associated production technology has 
shifted from ECCN 9E002 to ECCN 9E991 and is designated as ``No License 
Required'' (NLR) to all destinations or countries listed in Country 
Group A:5 and A:6 (see supplement no. 1 to part 740 of the EAR).
    The STA restrictions under 9E003 are revised by adding an ``or'' 
after 9E003.h and adding Country Group A:5 to harmonize with 
740.20(b)(2) for 9E003. In addition, this rule adds a new STA 
restriction paragraph for 9E003.k for Country Group A:6 in order to 
maintain the STA restriction previously on ECCN 9E001 for ECCN 
paragraph 9A001.b. As required by the Export Control Reform Act (ECRA) 
(50 U.S.C. 4801-4852), BIS continually evaluates the control status of 
a range of technologies, including those related to supersonic engines, 
to effectively protect U.S. national security and foreign policy 
interests. In light of the amendments to 9E001 and 9E003 implementing 
the WA revisions, which identify technologies required for the 
development of specific components or systems specially designed for 
supersonic engines, BIS is seeking comment on whether to retain License 
Exception STA eligibility for destinations specified in Country Group 
A:5 of supplement no. 1 to part 740 of the EAR for the technology 
specified in 9E003.k. We invite the public to comment on this issue 
before the comment period closes. Information about how to comment is 
provided in the Address section of this rule.

Part 772--Definitions of Terms

    This rule revises the definition for ``intrusion software'' by 
adding double quotes around the term ``program'' in paragraph (2) to 
indicate it is a defined term in Sec.  772.1.
    This rule notes the two occurrences of the term ``program'' that 
did not have double quotation marks indicating it is a defined term in 
Sec.  772.1 and corrects this omission in technical note 1 below 
paragraph .g in ECCN 1B001 and in paragraph (2) in the definition of 
``intrusion software'' in Sec.  772.1. This rule also amends the term 
``program'' in Sec.  772.1 to add category 1 and 7 and remove category 
2 from the categories where the term is used.

Supplement No. 6 to Part 774 Sensitive List

    Paragraph 4 of supplement no. 6 to part 774 Sensitive List (SL) is 
amended by removing paragraphs (ii) 4D001 and (iii) 4E001. This change 
is being made as a consequence of the raising of the APP thresholds in 
4D001 and 4E001. This rule implements the WA 2022 Plenary determination 
that high performance computer technology and software do not merit the 
same level of sensitivity as other items on the SL.

Savings Clause

    Shipments of items removed from license exception eligibility or 
eligibility for export, reexport or transfer (in-country) without a 
license as a result of this regulatory action that were on dock for 
loading, on lighter, laden aboard an exporting carrier, or en route 
aboard a carrier to a port of export, on October 18, 2023, pursuant to 
actual orders for exports, reexports and transfers (in-country) to a 
foreign destination, may proceed to that destination under the previous 
license exception eligibility or without a license so long as they have 
been exported, reexported or transferred (in-country) before December 
18, 2023. Any such items not actually exported, reexported or 
transferred (in-country) before midnight, on December 18, 2023, require 
a license in accordance with this interim final rule.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act (ECRA), 50 U.S.C. 4801-4852. 
ECRA, as amended, provides the legal basis for BIS's principal 
authorities and serves as the authority under which BIS issues this 
rule.

Rulemaking Requirements

    1. Executive Orders 12866, 13563, and 14094 direct agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects and distributive impacts and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits and of reducing costs, harmonizing rules, and 
promoting flexibility.
    This interim final rule has been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094. This rule does not contain policies 
with Federalism implications as that term is defined under Executive 
Order 13132.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. Although 
this rule makes important changes to the EAR for items controlled for 
national security reasons, BIS believes that the overall increases in 
burdens and costs associated with the following information collections 
due to this rule will be minimal.
    <bullet> 0694-0088, ``Simplified Network Application Processing 
System,'' which carries a burden- hour estimate of 29.6 minutes for a 
manual or electronic submission;
    <bullet> 0694-0137 ``License Exceptions and Exclusions,'' which 
carries a burden-hour estimate average of 1.5 hours per submission 
(Note: submissions for License Exceptions are rarely required);
    <bullet> 0694-0096 ``Five Year Records Retention Period,'' which 
carries a burden-hour estimate of less than 1 minute; and
    <bullet> 0607-0152 ``Automated Export System (AES) Program,'' which 
carries a burden-hour estimate of 3 minutes per electronic submission.
    Additional information regarding these collections of information--
including all background materials--can be found at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> and using the search function to 
enter either the title of the collection or the OMB Control Number.
    3. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action 
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) 
requirements for notice of proposed rulemaking, opportunity for public 
participation and delay in effective date.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research, Science and technology.

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping.

15 CFR Part 742

    Exports, Terrorism.

[[Page 71935]]

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, parts 734, 740, 742, 772 and 774 of the Export 
Administration Regulations (15 CFR parts 730-774) are amended as 
follows:

PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

0
1. The authority citation for part 734 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., 
p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022).


0
2. Section 734.4 is amended to revise paragraph (a)(4) to read as 
follows:


Sec.  734.4   De Minimis U.S. content.

    (a) * * *
    (4) There is no de minimis level for U.S.-origin technology 
controlled by ECCN 9E003.a.1 through a.6, a.8, .h, .i, and .l, when 
redrawn, used, consulted, or otherwise commingled abroad.
* * * * *

PART 740--LICENSE EXCEPTIONS

0
3. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783.


0
4. Section 740.20 is amended by revising paragraph (b)(2)(viii) to read 
as follows:


Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (b) * * *
    (2) * * *
    (viii) Commerce Control List Category 9 limitations on use of 
License Exception STA.
    (A) License Exception STA may not be used for 9B001 when destined 
to a country in Country Group A:6.
    (B) License Exception STA may not be used for 9D001 or 9D002 
``software'' that is ``specially designed'' or modified for the 
``development'' or ``production'' of:
    (1) Components of engines controlled by ECCN 9A001 if such 
components incorporate any of the ``technologies'' controlled by 
9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 
9E003.h, or 9E003.i (other than technology for fan or power turbines); 
or
    (2) Equipment controlled by 9B001.
    (C) License Exception STA may not be used for 9D001 ``software'' 
that is ``specially designed'' or modified for the ``development'' of 
``technology'' controlled by 9E003.a.1, 9E003.a.2, 9E003.a.3, 
9E003.a.4, 9E003.a.5, 9E003.c, 9E003.h, or 9E003.i (other than 
technology for fan or power turbines).
    (D) License Exception STA may not be used for 9D004.f or 9D004.g 
``software''.
    (E) License Exception STA may not be used for ``technology'' in 
9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 
9E003.h, or 9E003.i (other than technology for fan or power turbines).
* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
5. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 
Comp., p. 320; Notice of November 8, 2022, 87 FR 68015 (November 10, 
2022).


0
6. Section 742.14 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


Sec.  742.14  Significant items: hot section technology for the 
development, production or overhaul of commercial aircraft engines, 
components, and systems.

    (a) License requirement. Licenses are required for all 
destinations, except Canada, for ECCNs having an ``SI'' under the 
``Reason for Control'' paragraph. These items include hot section 
technology for the development, production or overhaul of commercial 
aircraft engines controlled under ECCN 9E003.a.1 through a.6, a.8, .h, 
.i, and .l, and related controls.
    (b) Licensing policy. Pursuant to section 6 of the Export 
Administration Act of 1979, as amended, foreign policy controls apply 
to technology required for the development, production or overhaul of 
commercial aircraft engines controlled by ECCN 9E003a.1 through a.6, 
a.8, .h, .i, and .l, and related controls. These controls supplement 
the national security controls that apply to these items. Applications 
for export and reexport to all destinations will be reviewed on a case-
by-case basis to determine whether the export or reexport is consistent 
with U.S. national security and foreign policy interests. The following 
factors are among those that will be considered to determine what 
action will be taken on license applications:
* * * * *

PART 772--DEFINITIONS OF TERMS

0
7. The authority citation for part 772 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783.


0
8. Section 772.1 is amended by revising the definitions for ``Intrusion 
software'' and ``Program'' to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Intrusion software. (5P2) ``Software'' specially designed or 
modified to avoid detection by `monitoring tools', or to defeat 
`protective countermeasures', of a computer or network-capable device, 
and performing any of the following:
    (1) The extraction of data or information, from a computer or 
network-capable device, or the modification of system or user data; or
    (2) The modification of the standard execution path of a 
``program'' or process in order to allow the execution of externally 
provided instructions.

    Note 1 to ``Intrusion Software'' Definition: ``Intrusion software'' 
does not include any of the following: Hypervisors, debuggers or 
Software Reverse Engineering (SRE) tools; Digital Rights Management 
(DRM) ``software''; or ``Software'' designed to be installed by 
manufacturers, administrators or users, for the purposes of asset 
tracking or recovery.
    Note 2 to ``Intrusion Software'' Definition: Network-capable 
devices include mobile devices and smart meters.
    Technical note 1 to ``Intrusion Software'' Definition: `Monitoring 
tools': ``software'' or hardware devices, that monitor system behaviors 
or processes running on a device. This includes antivirus (AV) 
products, end point security products, Personal Security Products 
(PSP), Intrusion Detection Systems (IDS), Intrusion Prevention Systems 
(IPS) or firewalls.

[[Page 71936]]

    Technical note 2 to ``Intrusion Software'' Definition: `Protective 
countermeasures': techniques designed to ensure the safe execution of 
code, such as Data Execution Prevention (DEP), Address Space Layout 
Randomization (ASLR) or sandboxing.
* * * * *
    Program. (Cat 1, 4, 6, and 7)--A sequence of instructions to carry 
out a process in, or convertible into, a form executable by an 
electronic computer.

PART 774--THE COMMERCE CONTROL LIST

0
9. The authority citation for part 774 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783.


0
10. In supplement no. 1 to part 774, ECCNs 1A004, 1A006, 1A007, 1A008, 
1B001, 1C001, 1C002, 1C003, 1C005, 1C008, 1C010, 1C011, 2A001, 2B004, 
2B006, 2B008, 2B009, 2E003, 3A001, 3A002, 3B001, 3D003, 3D006, 3E001, 
3E002, 4A004, 4D001, 4E001, 5A001, 5A002, 5A004, 6A001, 6A002, 6A003, 
6A004, 6A005, 6A006, 6A007, 6A008, 6B007, 6C002, 6C005, 6D003, 6E003, 
7A003, 7A004, 7A005, 7A006, 7B001, 7D002, 7E004, 8A001, 8A002, 8C001, 
8E002, 9A001, 9A003, 9A004, 9A005, 9B005, 9E001, 9E002, and 9E003 are 
revised to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
1A004 Protective and detection equipment and ``components'', not 
``specially designed'' for military use, as follows (see List of 
Items Controlled).

License Requirements

Reason for Control: NS, CB, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
CB applies to chemical detection systems    CB Column 2
 and dedicated detectors therefor, in
 1A004.c, that also have the technical
 characteristic.
RS apply to 1A004.d.......................  RS Column 2
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: Yes for 1A004.a, .b, and .c.2.

List of Items Controlled

Related Controls: (1) See ECCNs 1A995, 2B351, and 2B352. (2) See 
ECCN 1D003 for ``software'' ``specially designed'' or modified to 
enable equipment to perform the functions of equipment controlled 
under section 1A004.c (Nuclear, biological, and chemical (NBC) 
detection systems). (3) See ECCN 1E002.g for control libraries 
(parametric technical databases) ``specially designed'' or modified 
to enable equipment to perform the functions of equipment controlled 
under 1A004.c (Nuclear, biological, and chemical (NBC) detection 
systems). (4) Chemical and biological protective and detection 
equipment specifically designed, developed, modified, configured, or 
adapted for military applications is ``subject to the ITAR'' (see 22 
CFR parts 120 through 130, including USML Category XIV(f)), as is 
commercial equipment that incorporates ``parts'' or ``components'' 
controlled under that category except for domestic preparedness 
devices for individual protection that integrate ``components'' and 
``parts'' identified in USML Category XIV(f)(4) when such ``parts'' 
or ``components'' are: Integral to the device; inseparable from the 
device; and incapable of replacement without compromising the 
effectiveness of the device, in which case the equipment is subject 
to the export licensing jurisdiction of the Department of Commerce 
under ECCN 1A004. (5) This entry does not control radionuclides 
incorporated in equipment listed in this entry--such materials are 
subject to the licensing jurisdiction of the Nuclear Regulatory 
Commission (See 10 CFR part 110).
Related Definitions: (1) `Biological agents' means: pathogens or 
toxins, selected or modified (such as altering purity, shelf life, 
virulence, dissemination characteristics, or resistance to UV 
radiation) to produce casualties in humans or animals, degrade 
equipment or damage crops or the environment. (2) `Riot control 
agents' are substances which, under the expected conditions of use 
for riot control purposes, produce rapidly in humans sensory 
irritation or disabling physical effects which disappear within a 
short time following termination of exposure. (Tear gases are a 
subset of `riot control agents.')
Items:

    a. Full face masks, filter canisters and decontamination 
equipment therefor, designed or modified for defense against any of 
the following, and ``specially designed'' ``components'' therefor:

    Note: 1A004.a includes Powered Air Purifying Respirators (PAPR) 
that are designed or modified for defense against agents or 
materials, listed in 1A004.a.
    Technical Notes: For the purposes of 1A004.a:
    1. Full face masks are also known as gas masks.
    2. Filter canisters include filter cartridges.
    a.1. `Biological agents';
    a.2. `Radioactive materials';
    a.3. Chemical warfare (CW) agents; or
    a.4. `Riot control agents', as follows:
    a.4.a. [alpha]-Bromobenzeneacetonitrile, (Bromobenzyl cyanide) 
(CA) (CAS 5798-79-8);
    a.4.b. [(2-chlorophenyl) methylene] propanedinitrile, (o-
Chlorobenzylidenemalononitrile) (CS) (CAS 2698-41-1);
    a.4.c. 2-Chloro-1-phenylethanone, Phenylacyl chloride ([omega]-
chloroacetophenone) (CN) (CAS 532-27-4);
    a.4.d. Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);
    a.4.e. 10-Chloro-5, 10-dihydrophenarsazine, (Phenarsazine 
chloride), (Adamsite), (DM) (CAS 578-94-9);
    a.4.f. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);
    b. Protective suits, gloves and shoes, ``specially designed'' or 
modified for defense against any of the following:
    b.1. `Biological agents';
    b.2. `Radioactive materials'; or
    b.3. Chemical warfare (CW) agents;
    c. Detection systems, ``specially designed'' or modified for 
detection or identification of any of the following, and ``specially 
designed'' ``components'' therefor:
    c.1. `Biological agents';
    c.2. `Radioactive materials'; or
    c.3. Chemical warfare (CW) agents;
    d. Electronic equipment designed for automatically detecting or 
identifying the presence of ``explosives'' (as listed in the annex 
at the end of Category 1) residues and utilizing `trace detection' 
techniques (e.g., surface acoustic wave, ion mobility spectrometry, 
differential mobility spectrometry, mass spectrometry).
    Technical Note: For the purposes of 1A004.d, `trace detection' 
is defined as the capability to detect less than 1 ppm vapor, or 1 
mg solid or liquid.
    Note 1: 1A004.d does not apply to equipment ``specially 
designed'' for laboratory use.
    Note 2: 1A004.d does not apply to non-contact walk-through 
security portals.
    Note: 1A004 does not control:
    a. Personal radiation monitoring dosimeters;
    b. Occupational health or safety equipment limited by design or 
function to protect against hazards specific to residential safety 
or civil industries, including:
    1. Mining;
    2. Quarrying;
    3. Agriculture;
    4. Pharmaceutical;
    5. Medical;
    6. Veterinary;
    7. Environmental;
    8. Waste management;
    9. Food industry.
    Technical Notes:
    1. 1A004 includes equipment, ``components'' that have been 
`identified,' successfully tested to national standards or otherwise 
proven effective, for the detection of or defense against 
`radioactive materials' `biological agents,' chemical warfare 
agents, `simulants' or ``riot control agents,'' even if such 
equipment or ``components'' are used in civil industries such as 
mining, quarrying,

[[Page 71937]]

agriculture, pharmaceuticals, medical, veterinary, environmental, 
waste management, or the food industry.
    2. `Simulant': A substance or material that is used in place of 
toxic agent (chemical or biological) in training, research, testing 
or evaluation.
    3. For the purposes of 1A004, `radioactive materials' are those 
selected or modified to increase their effectiveness in producing 
casualties in humans or animals, degrading equipment or damaging 
crops or the environment.
* * * * *
1A006 Equipment, ``specially designed'' or modified for the disposal 
of Improvised Explosive Devices (IEDs), as follows (see List of 
Items Controlled), and ``specially designed'' ``components'' and 
``accessories'' therefor.

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1
 

    License Requirement Note: 1A006 does not apply to equipment when 
accompanying its operator.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: Equipment ``specially designed'' for military use 
for the disposal of IEDs is ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130, including USML Category IV).
Related Definitions: N/A
Items:

    a. Remotely operated vehicles;
    b. `Disruptors'.

    Technical Note: For the purposes of 1A006.b `disruptors' are 
devices ``specially designed'' for the purpose of preventing the 
operation of an explosive device by projecting a liquid, solid or 
frangible projectile.
    Note: 1A006 does not apply to equipment when accompanying its 
operator.

1A007 Equipment and devices, ``specially designed'' to initiate 
charges and devices containing ``energetic materials,'' by 
electrical means, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, NP, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
NP applies to 1A007.b, as well as 1A007.a   NP Column 1
 when the detonator firing set meets or
 exceeds the parameters of 3A229.
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: High explosives and related equipment ``specially 
designed'' for military use are ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130). This entry does not control detonators using 
only primary explosives, such as lead azide. See also ECCNs 0A604, 
3A229, and 3A232. See 1E001 for ``development'' and ``production'' 
technology controls, and 1E201 for ``use'' technology controls.
Related Definitions: N/A
Items:

    a. Explosive detonator firing sets designed to drive explosive 
detonators specified by 1A007.b;
    b. Electrically driven explosive detonators as follows:
    b.1. Exploding bridge (EB);
    b.2. Exploding bridge wire (EBW);
    b.3. Slapper;
    b.4. Exploding foil initiators (EFI).

    Technical Notes:
    1. The word initiator or igniter is sometimes used in place of 
the word detonator.
    2. For the purposes of 1A007.b, the detonators of concern all 
utilize a small electrical conductor (bridge, bridge wire, or foil) 
that explosively vaporizes when a fast, high-current electrical 
pulse is passed through it. In non slapper types, the exploding 
conductor starts a chemical detonation in a contacting high 
explosive material such as PETN (pentaerythritoltetranitrate). In 
slapper detonators, the explosive vaporization of the electrical 
conductor drives a flyer or slapper across a gap, and the impact of 
the slapper on an explosive starts a chemical detonation. The 
slapper in some designs is driven by magnetic force. The term 
exploding foil detonator may refer to either an EB or a slapper-type 
detonator.

1A008 Charges, devices and ``components'', as follows (see List of 
Items Controlled).

License Requirements

Reason for Control: NS, UN, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $3,000 for .a through .c; $6,000 for .d.
GBS: N/A

List of Items Controlled

Related Controls: (1) All of the following are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130):

    a. High explosives and related equipment ``specially designed'' 
for military use;
    b. Explosive devices or charges in this entry that utilize USML 
controlled energetic materials (See 22 CFR 121.1 Category V), if 
they have been specifically designed, developed, configured, 
adapted, or modified for a military application;
    c. Shaped charges that have all of the following a uniform 
shaped conical liner with an included angle of 90 degrees or less, 
more than 2.0 kg of controlled materials, and a diameter exceeding 
4.5 inches;
    d. Detonating cord containing greater than 0.1 kg per meter (470 
grains per foot) of controlled materials;
    e. Cutters and severing tools containing greater than 10 kg of 
controlled materials;
    f. With the exception of cutters and severing tools, devices or 
charges controlled by this entry where the USML controlled materials 
can be easily extracted without destroying the device or charge; and
    g. Individual USML controlled energetic materials in this entry, 
even when compounded with other materials, when not incorporated 
into explosive devices or charges controlled by this entry or 1C992.

(2) See also ECCNs 1C011, 1C018, 1C111, 1C239, and 1C608 for 
additional controlled energetic materials. See ECCN 1E001 for the 
``development'' or ``production'' ``technology'' for the commodities 
controlled by ECCN 1A008, but not for explosives or commodities that 
are ``subject to the ITAR'' (see 22 CFR parts 120 through 130).
Related Definitions: N/A
Items:

    a. `Shaped charges' having all of the following:
    a.1. Net Explosive Quantity (NEQ) greater than 90 g; and
    a.2. Outer casing diameter equal to or greater than 75 mm;
    b. Linear shaped cutting charges having all of the following, 
and ``specially designed'' ``components'' therefor:
    b.1. An explosive load greater than 40 g/m; and
    b.2. A width of 10 mm or more;
    c. Detonating cord with explosive core load greater than 64 g/m;
    d. Cutters, not specified by 1A008.b, and severing tools, having 
a NEQ greater than 3.5 kg.

    Technical Note: For the purposes of 1A008.a, `shaped charges' 
are explosive

[[Page 71938]]

charges shaped to focus the effects of the explosive blast.
    Note: The only charges and devices specified in 1A008 are those 
containing ``explosives'' (see list of explosives in the Annex at 
the end of Category 1) and mixtures thereof.
* * * * *
1B001 Equipment for the production or inspection of ``composite'' 
structures or laminates controlled by 1A002 or ``fibrous or 
filamentary materials'' controlled by 1C010, as follows (see List of 
Items Controlled), and ``specially designed'' ``components'' and 
``accessories'' therefor.

License Requirements

Reason for Control: NS, MT, NP, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
MT applies to entire entry, except          MT Column 1
 1B001.d.4, e and f. Note: MT applies to
 equipment in 1B001.d that meet or exceed
 the parameters of 1B101.
NP applies to filament winding machines     NP Column 1.
 described in 1B001.a that are capable of
 winding cylindrical rotors having a
 diameter between 75 mm (3 in) and 400 mm
 (16 in) and lengths of 600 mm (24 in) or
 greater; AND coordinating and programming
 controls and precision mandrels for these
 filament winding machines.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A for MT and for 1B001.a; $5000 for all other items
GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCN 1D001 for software for items 
controlled by this entry and see ECCNs 1E001 (``development'' and 
``production'') and 1E101 (``use'') for technology for items 
controlled by this entry. (2) Also see ECCNs 1B101 and 1B201.
Related Definitions: N/A
Items:

    a. Filament winding machines, of which the motions for 
positioning, wrapping and winding fibers are coordinated and 
programmed in three or more `primary servo positioning' axes, 
``specially designed'' for the manufacture of ``composite'' 
structures or laminates, from ``fibrous or filamentary materials'';
    b. `Tape laying machines', of which the motions for positioning 
and laying tape are coordinated and programmed in five or more 
`primary servo positioning' axes, ``specially designed'' for the 
manufacture of ``composite'' airframe or missile structures;

    Technical Note: For the purposes of 1B001.b, `tape-laying 
machines' have the ability to lay one or more `filament bands' 
limited to widths greater than 25.4 mm and less than or equal to 
304.8 mm, and to cut and restart individual `filament band' courses 
during the laying process.
    c. Multidirectional, multidimensional weaving machines or 
interlacing machines, including adapters and modification kits, 
``specially designed'' or modified for weaving, interlacing or 
braiding fibers for ``composite'' structures;
    Technical Note: For the purposes of 1B001.c the technique of 
interlacing includes knitting.

    d. Equipment ``specially designed'' or adapted for the 
production of reinforcement fibers, as follows:
    d.1. Equipment for converting polymeric fibers (such as 
polyacrylonitrile, rayon, pitch or polycarbosilane) into carbon 
fibers or silicon carbide fibers, including special equipment to 
strain the fiber during heating;
    d.2. Equipment for the chemical vapor deposition of elements or 
compounds, on heated filamentary substrates, to manufacture silicon 
carbide fibers;
    d.3. Equipment for the wet-spinning of refractory ceramics (such 
as aluminum oxide);
    d.4. Equipment for converting aluminum containing precursor 
fibers into alumina fibers by heat treatment;
    e. Equipment for producing prepregs controlled by 1C010.e by the 
hot melt method;
    f. Non-destructive inspection equipment ``specially designed'' 
for ``composite'' materials, as follows:
    f.1. X-ray tomography systems for three dimensional defect 
inspection;
    f.2. Numerically controlled ultrasonic testing machines of which 
the motions for positioning transmitters or receivers are 
simultaneously coordinated and programmed in four or more axes to 
follow the three dimensional contours of the ``part'' or 
``component'' under inspection;
    g. Tow-placement machines, of which the motions for positioning 
and laying tows are coordinated and programmed in two or more 
`primary servo positioning' axes, ``specially designed'' for the 
manufacture of ``composite'' airframe or missile structures.

    Technical Note to 1B001.g: For the purposes of 1B001.g, `tow-
placement machines' have the ability to place one or more `filament 
bands' having widths less than or equal to 25.4 mm, and to cut and 
restart individual `filament band' courses during the placement 
process.
    Technical Notes for 1B001:
    1. For the purposes of 1B001, `primary servo positioning' axes 
control, under computer ``program'' direction, the position of the 
end effector (i.e., head) in space relative to the work piece at the 
correct orientation and direction to achieve the desired process.
    2. For the purposes of 1B001, a `filament band' is a single 
continuous width of fully or partially resin-impregnated tape, tow 
or fiber. Fully or partially resin-impregnated `filament bands' 
include those coated with dry powder that tacks upon heating.
* * * * *
1C001 Materials ``specially designed'' for absorbing electromagnetic 
radiation, or intrinsically conductive polymers, as follows (see 
List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
MT applies to items that meet or exceed     MT Column 1
 the parameters of ECCN 1C101.
AT applies to entire entry................  AT Column 1
 

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, and Validated End-User 
authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
entry to any of the destinations listed in Country Group A:6 (See 
Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See also 1C101.
Related Definitions: N/A
Items:

    a. Materials for absorbing frequencies exceeding 2 x 10\8\ Hz 
but less than 3 x 10\12\ Hz.
    Note 1: 1C001.a does not control:
    a. Hair type absorbers, constructed of natural or synthetic 
fibers, with non-magnetic loading to provide absorption;
    b. Absorbers having no magnetic loss and whose incident surface 
is non-planar in shape, including pyramids, cones, wedges and 
convoluted surfaces;
    c. Planar absorbers, having all of the following:
    1. Made from any of the following:
    a. Plastic foam materials (flexible or non-flexible) with 
carbon-loading, or organic materials, including binders, providing 
more than 5% echo compared with metal over a bandwidth exceeding 
<plus-minus<ls-thn-eq>15% of the center frequency of the incident 
energy, and not capable of withstanding temperatures exceeding 450 K 
(177 [deg]C); or

[[Page 71939]]

    b. Ceramic materials providing more than 20% echo compared with 
metal over a bandwidth exceeding <plus-minus<ls-thn-eq>15% of the 
center frequency of the incident energy, and not capable of 
withstanding temperatures exceeding 800 K (527 [deg]C);
    Technical Note: For the purposes of 1C001.a Note 1.c.1, 
absorption test samples should be a square at least 5 wavelengths of 
the center frequency on a side and positioned in the far field of 
the radiating element.
    2. Tensile strength less than 7 x 10\6\ N/m\2\; and
    3. Compressive strength less than 14 x 10\6\ N/m\2\;
    d. Planar absorbers made of sintered ferrite, having all of the 
following:
    1. A specific gravity exceeding 4.4; and
    2. A maximum operating temperature of 548 K (275 [deg]C) or 
less;
    e. Planar absorbers having no magnetic loss and fabricated from 
`open-cell foams' plastic material with a density of 0.15 grams/
cm\3\ or less.
    Technical Note: For the purposes of 1C001.a Note e., `open-cell 
foams' are flexible and porous materials, having an inner structure 
open to the atmosphere. `Open-cell foams' are also known as 
reticulated foams.
    Note 2: Nothing in Note 1 releases magnetic materials to provide 
absorption when contained in paint.
    b. Materials not transparent to visible light and ``specially 
designed'' for absorbing near-infrared radiation having a wavelength 
exceeding 810 nm but less than 2,000 nm (frequencies exceeding 150 
THz but less than 370 THz);
    Note: 1C001.b does not apply to materials, ``specially 
designed'' or formulated for any of the following applications:
    a. ``Laser'' marking of polymers; or
    b. ``Laser'' welding of polymers.
    c. Intrinsically conductive polymeric materials with a `bulk 
electrical conductivity' exceeding 10,000 S/m (Siemens per meter) or 
a `sheet (surface) resistivity' of less than 100 ohms/square, based 
on any of the following polymers:
    c.1. Polyaniline;
    c.2. Polypyrrole;
    c.3. Polythiophene;
    c.4. Poly phenylene-vinylene; or
    c.5. Poly thienylene-vinylene.
    Note: 1C001.c does not apply to materials in a liquid form.
    Technical Note: For the purposes of 1C001.c, `bulk electrical 
conductivity' and `sheet (surface) resistivity' should be determined 
using ASTM D-257 or national equivalents.

1C002 Metal alloys, metal alloy powder and alloyed materials, as 
follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, NP, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
NP applies to 1C002.b.3 or b.4 if they      NP Column 1
 exceed the parameters stated in 1C202.
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $3000; N/A for NP
GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCNs 1E001 (``development'' and 
``production'') and 1E201 (``use'') for technology for items 
controlled by this entry. (2) Also see ECCN 1C202. (3) Aluminum 
alloys and titanium alloys in physical forms and finished products 
``especially designed'' or prepared for use in separating uranium 
isotopes are subject to the export licensing authority of the 
Nuclear Regulatory Commission (see 10 CFR part 110).
Related Definition: N/A
Items:

    Note: 1C002 does not control metal alloys, metal alloy powder 
and alloyed materials, specially formulated for coating purposes.
    Technical Note: For the purposes of 1C002, metal alloys are 
those containing a higher percentage by weight of the stated metal 
than of any other element.

    a. Aluminides, as follows:
    a.1. Nickel aluminides containing a minimum of 15% by weight 
aluminum, a maximum of 38% by weight aluminum and at least one 
additional alloying element;
    a.2. Titanium aluminides containing 10% by weight or more 
aluminum and at least one additional alloying element;
    b. Metal alloys, as follows, made from the powder or particulate 
material controlled by 1C002.c:
    b.1. Nickel alloys having any of the following:
    b.1.a. A `stress-rupture life' of 10,000 hours or longer at 923 
K (650 [deg]C) at a stress of 676 MPa; or
    b.1.b. A `low cycle fatigue life' of 10,000 cycles or more at 
823 K (550 [deg]C) at a maximum stress of 1,095 MPa;
    b.2. Niobium alloys having any of the following:
    b.2.a. A `stress-rupture life' of 10,000 hours or longer at 
1,073 K (800 [deg]C) at a stress of 400 MPa; or
    b.2.b. A `low cycle fatigue life' of 10,000 cycles or more at 
973 K (700 [deg]C) at a maximum stress of 700 MPa;
    b.3. Titanium alloys having any of the following:
    b.3.a. A `stress-rupture life' of 10,000 hours or longer at 723 
K (450 [deg]C) at a stress of 200 MPa; or
    b.3.b. A `low cycle fatigue life' of 10,000 cycles or more at 
723 K (450 [deg]C) at a maximum stress of 400 MPa;
    b.4 Aluminum alloys having any of the following:
    b.4.a. A tensile strength of 240 MPa or more at 473 K (200 
[deg]C); or
    b.4.b. A tensile strength of 415 MPa or more at 298 K (25 
[deg]C);
    b.5. Magnesium alloys having all the following:
    b.5.a. A tensile strength of 345 MPa or more; and
    b.5.b. A corrosion rate of less than 1 mm/year in 3% sodium 
chloride aqueous solution measured in accordance with ASTM standard 
G-31 or national equivalents;

    Technical Notes: For the purposes of 1C002.b:
    1. `Stress-rupture life' should be measured in accordance with 
ASTM standard E-139 or national equivalents.
    2. `Low cycle fatigue life' should be measured in accordance 
with ASTM Standard E-606 `Recommended Practice for Constant-
Amplitude Low-Cycle Fatigue Testing' or national equivalents. 
Testing should be axial with an average stress ratio equal to 1 and 
a stress-concentration factor (Kt) equal to 1. The average stress 
ratio is defined as maximum stress minus minimum stress divided by 
maximum stress.
    c. Metal alloy powder or particulate material, having all of the 
following:
    c.1. Made from any of the following composition systems:
    Technical Note: For the purposes of 1C002.c.1, X equals one or 
more alloying elements.
    c.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) qualified for turbine 
engine ``parts'' or ``components,'' i.e., with less than 3 non-
metallic particles (introduced during the manufacturing process) 
larger than 100 [mu]m in 109 alloy particles;
    c.1.b. Niobium alloys (Nb-Al-X or Nb-X-Al, Nb-Si-X or Nb-X-Si, 
Nb-Ti-X or Nb-X-Ti);
    c.1.c. Titanium alloys (Ti-Al-X or Ti-X-Al);
    c.1.d. Aluminum alloys (Al-Mg-X or Al-X-Mg, Al-Zn-X or Al-X-Zn, 
Al-Fe-X or Al-X-Fe); or
    c.1.e. Magnesium alloys (Mg-Al-X or Mg-X-Al);
    c.2. Made in a controlled environment by any of the following 
processes:
    c.2.a. `Vacuum atomization';
    c.2.b. `Gas atomization';
    c.2.c. `Rotary atomization';
    c.2.d. `Splat quenching';
    c.2.e. `Melt spinning' and `comminution';
    c.2.f. `Melt extraction' and `comminution';
    c.2.g. `Mechanical alloying'; or
    c.2.h. `Plasma atomization'; and
    c.3. Capable of forming materials controlled by 1C002.a or 
1C002.b;
    d. Alloyed materials, having all the following:
    d.1. Made from any of the composition systems specified by 
1C002.c.1;
    d.2. In the form of uncomminuted flakes, ribbons or thin rods; 
and
    d.3. Produced in a controlled environment by any of the 
following:
    d.3.a. `Splat quenching';
    d.3.b. `Melt spinning'; or
    d.3.c. `Melt extraction'.
    Technical Notes: For the purposes of 1C002:
    1. `Vacuum atomization' is a process to reduce a molten stream 
of metal to droplets of a diameter of 500 [mu]m or less by the rapid 
evolution of a dissolved gas upon exposure to a vacuum.

[[Page 71940]]

    2. `Gas atomization' is a process to reduce a molten stream of 
metal alloy to droplets of 500 [mu]m diameter or less by a high 
pressure gas stream.
    3. `Rotary atomization' is a process to reduce a stream or pool 
of molten metal to droplets of a diameter of 500 [mu]m or less by 
centrifugal force.
    4. `Splat quenching' is a process to `solidify rapidly' a molten 
metal stream impinging upon a chilled block, forming a flake-like 
product.
    5. `Melt spinning' is a process to `solidify rapidly' a molten 
metal stream impinging upon a rotating chilled block, forming a 
flake, ribbon or rod-like product.
    6. `Comminution' is a process to reduce a material to particles 
by crushing or grinding.
    7. `Melt extraction' is a process to `solidify rapidly' and 
extract a ribbon-like alloy product by the insertion of a short 
segment of a rotating chilled block into a bath of a molten metal 
alloy.
    8. `Mechanical alloying' is an alloying process resulting from 
the bonding, fracturing and rebonding of elemental and master alloy 
powders by mechanical impact. Non-metallic particles may be 
incorporated in the alloy by addition of the appropriate powders.
    9. `Plasma atomization' is a process to reduce a molten stream 
or solid metal to droplets of 500 [mu]m diameter or less, using 
plasma torches in an inert gas environment.
    10. For the purposes of 1C002 Technical Notes, `solidify 
rapidly' is a process involving the solidification of molten 
material at cooling rates exceeding 1000 K/sec.

1C003 Magnetic metals, of all types and of whatever form, having any 
of the following (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $3000
GBS: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. Initial relative permeability of 120,000 or more and a 
thickness of 0.05 mm or less;
    Technical Note: For the purposes of 1C003.a, measurement of 
initial relative permeability must be performed on fully annealed 
materials.
    b. Magnetostrictive alloys having any of the following:
    b.1. A saturation magnetostriction of more than 5 x 
104<SUP>-4</SUP>; or
    b.2. A magnetomechanical coupling factor (k) of more than 0.8; 
or
    c. Amorphous or `nanocrystalline' alloy strips, having all of 
the following:
    c.1. A composition having a minimum of 75% by weight of iron, 
cobalt or nickel;
    c.2. A saturation magnetic induction (B<INF>s</INF>) of 1.6 T or 
more; and
    c.3. Any of the following:
    c.3.a. A strip thickness of 0.02 mm or less; or
    c.3.b. An electrical resistivity of 2 x 10<SUP>-4</SUP> ohm cm 
or more.

    Technical Note: For the purposes of 1C003.c, `nanocrystalline' 
materials are those materials having a crystal grain size of 50 nm 
or less, as determined by X-ray diffraction.
* * * * *
1C005 ``Superconductive'' ``composite'' conductors in lengths 
exceeding 100 m or with a mass exceeding 100 g, as follows (see List 
of Items Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $1500
GBS: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. ``Superconductive'' ``composite'' conductors containing one 
or more niobium-titanium `filaments', having all of the following:
    a.1. Embedded in a ``matrix'' other than a copper or copper-
based mixed ``matrix''; and
    a.2. Having a cross-section area less than 0.28 x 
10<SUP>-4</SUP> mm\2\ (6 [mu]m in diameter for circular 
`filaments');
    b. ``Superconductive'' ``composite'' conductors consisting of 
one or more ``superconductive'' `filaments' other than niobium-
titanium, having all of the following:
    b.1. A ``critical temperature'' at zero magnetic induction 
exceeding 9.85 K (-263.31 [deg]C); and
    b.2. Remaining in the ``superconductive'' state at a temperature 
of 4.2 K (-268.96 [deg]C) when exposed to a magnetic field oriented 
in any direction perpendicular to the longitudinal axis of conductor 
and corresponding to a magnetic induction of 12 T with critical 
current density exceeding 1750 A/mm\2\ on overall cross-section of 
the conductor.
    c. ``Superconductive'' ``composite'' conductors consisting of 
one or more ``superconductive'' `filaments' which remain 
``superconductive'' above 115 K (-158.16 [deg]C).
    Technical Note: For the purposes of 1C005, `filaments' may be in 
wire, cylinder, film, tape or ribbon form.
* * * * *
1C008 Non-fluorinated polymeric substances as follows (see List of 
Items Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $200
GBS: N/A

List of Items Controlled

Related Controls: See also 1A003.
Related Definitions: N/A
    Items:

    a. Imides as follows:
    a.1. Bismaleimides;
    a.2. Aromatic polyamide-imides (PAI) having a `glass transition 
temperature (Tg)' exceeding 563 K (290 [deg]C);
    a.3. Aromatic polyimides having a `glass transition temperature 
(Tg)' exceeding 505 K (232 [deg]C);
    a.4. Aromatic polyetherimides having a `glass transition 
temperature (Tg)' exceeding 563 K (290 [deg]C);
    Note: 1C008.a controls the substances in liquid or solid 
``fusible'' form, including resin, powder, pellet, film, sheet, 
tape, or ribbon.
    N.B.: For non-``fusible'' aromatic polyimides in film, sheet, 
tape, or ribbon form, see ECCN 1A003.
    b. [Reserved]
    c. [Reserved]
    d. Polyarylene ketones;
    e. Polyarylene sulfides, where the arylene group is biphenylene, 
triphenylene or combinations thereof;
    f. Polybiphenylenethersulphone having a `glass transition 
temperature (Tg)' exceeding 563 K (290 [deg]C).
    Technical Notes:
    1. For the purposes of 1C008.a.2 thermoplastic materials, 
1C008.a.4 materials, and 1C008.f materials, the `glass transition 
temperature (Tg)' is determined using the method described in ISO 
11357-2 (1999) or national equivalents.
    2. For the purposes of 1C008.a.2 thermosetting materials and 
1C008.a.3 materials, the `glass transition temperature (Tg)' is 
determined using the 3-point bend method described in ASTM D 7028-07 
or equivalent national standard. The test is to be performed using a 
dry test specimen which has attained a minimum of 90% degree of cure 
as specified by ASTM E 2160-04 or equivalent national standard, and 
was cured using the combination of standard- and post-cure processes 
that yield the highest Tg.
* * * * *
1C010 ``Fibrous or filamentary materials'' as follows (see List of 
Items Controlled).

[[Page 71941]]

License Requirements

Reason for Control: NS, NP, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
NP applies to 1C010.a (aramid ``fibrous or  NP Column 1
 filamentary materials'', b (carbon
 ``fibrous and filamentary materials''),
 and e.1 for ``fibrous and filamentary
 materials'' that meet or exceed the
 control criteria of ECCN 1C210.
AT applies to entire entry................  AT Column 1
 

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, and Validated End-User 
authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $1500, N/A for NP
GBS: N/A

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in 
1C010.c to any of the destinations listed in Country Group A:6 (See 
Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See ECCNs 1E001 (``development'' and 
``production'') and 1E201 (``use'') for technology for items 
controlled by this entry. (2) Also see ECCNs 1C210 and 1C990. (3) 
See also 9C110 for material not controlled by 1C010.e, as defined by 
notes 1 or 2.
Related Definitions: (1) ``Specific modulus'': Young's modulus in 
pascals, equivalent to N/m2 divided by specific weight in N/m3, 
measured at a temperature of (296+2) K ((23+2) [deg]C) and a 
relative humidity of (50+5) %. (2) ``Specific tensile strength'': 
ultimate tensile strength in pascals, equivalent to N/m2 divided by 
specific weight in N/m3, measured at a temperature of (296+2) K 
((23+2) [deg]C) and a relative humidity of (50+5) %.
Items:
    Technical Notes:
    1. For the purposes of calculating ``specific tensile 
strength'', ``specific modulus'' or specific weight of ``fibrous or 
filamentary materials'' in 1C010.a, 1C010.b, 1C010.c, or 1C010.e.1.b 
the tensile strength and modulus should be determined by using 
Method A described in ISO 10618 (2004) or national equivalents.
    2. For the purposes of assessing the ``specific tensile 
strength'', ``specific modulus'' or specific weight of non-
unidirectional ``fibrous or filamentary materials'' (e.g., fabrics, 
random mats or braids) in 1C010, this is to be based on the 
mechanical properties of the constituent unidirectional 
monofilaments (e.g., monofilaments, yarns, rovings or tows) prior to 
processing into the non-unidirectional ``fibrous or filamentary 
materials''.
    a. Organic ``fibrous or filamentary materials'', having all of 
the following:
    a.1. ``Specific modulus'' exceeding 12.7 x 10\6\ m; and
    a.2. ``Specific tensile strength'' exceeding 23.5 x 10\4\ m;
    Note: 1C010.a does not control polyethylene.
    b. Carbon ``fibrous or filamentary materials'', having all of 
the following:
    b.1. ``Specific modulus'' exceeding 14.65 x 10\6\ m; and
    b.2. ``Specific tensile strength'' exceeding 26.82 x 10\4\ m;
    Note: 1C010.b does not control:
    a. ``Fibrous or filamentary materials'', for the repair of 
``civil aircraft'' structures or laminates, having all of the 
following:
    1. An area not exceeding 1 m2;
    2. A length not exceeding 2.5 m; and
    3. A width exceeding 15 mm.
    b. Mechanically chopped, milled or cut carbon ``fibrous or 
filamentary materials'' 25.0 mm or less in length.
    c. Inorganic ``fibrous or filamentary materials'', having all of 
the following:
    c.1. Having any of the following:
    c.1.a. Composed of 50% or more by weight silicon dioxide 
(SiO<INF>2</INF>) and having a ``specific modulus'' exceeding 2.54 x 
10\6\ m; or
    c.1.b. Not specified in 1C010.c.1.a and having a ``specific 
modulus'' exceeding 5.6 x 10\6\ m; and
    c.2. Melting, softening, decomposition or sublimation point 
exceeding 1,922 K (1,649 [deg]C) in an inert environment;
    Note: 1C010.c does not control:
    a. Discontinuous, multiphase, polycrystalline alumina fibers in 
chopped fiber or random mat form, containing 3% by weight or more 
silica, with a ``specific modulus'' of less than 10 x 106 m;
    b. Molybdenum and molybdenum alloy fibers;
    c. Boron fibers;
    d. Discontinuous ceramic fibers with a melting, softening, 
decomposition or sublimation point lower than 2,043 K (1,770 [deg]C) 
in an inert environment.
    d. ``Fibrous or filamentary materials'', having any of the 
following:
    d.1. Composed of any of the following:
    d.1.a. Polyetherimides controlled by 1C008.a; or
    d.1.b. Materials controlled by 1C008.b to 1C008.f; or
    d.2. Composed of materials controlled by 1C010.d.1.a or 
1C010.d.1.b and `commingled' with other fibers controlled by 
1C010.a, 1C010.b or 1C010.c;
    Technical Note: For the purposes of 1C010.d.2, `commingled' is 
filament to filament blending of thermoplastic fibers and 
reinforcement fibers in order to produce a fiber reinforcement 
``matrix'' mix in total fiber form.
    e. Fully or partially resin impregnated or pitch impregnated 
``fibrous or filamentary materials'' (prepregs), metal or carbon 
coated ``fibrous or filamentary materials'' (preforms) or `carbon 
fiber preforms', having all of the following:
    e.1. Having any of the following:
    e.1.a. Inorganic ``fibrous or filamentary materials'' controlled 
by 1C010.c; or
    e.1.b. Organic or carbon ``fibrous or filamentary materials'', 
having all of the following:
    e.1.b.1. ``Specific modulus'' exceeding 10.15 x 10\6\ m; and
    e.1.b.2 ``Specific tensile strength'' exceeding 17.7 x 10\4\m; 
and
    e.2. Having any of the following:
    e.2.a. Resin or pitch, controlled by 1C008 or 1C009.b;
    e.2.b. `Dynamic Mechanical Analysis glass transition temperature 
(DMA T<INF>g</INF>)' equal to or exceeding 453 K (180[deg]C) and 
having a phenolic resin; or
    e.2.c. `Dynamic Mechanical Analysis glass transition temperature 
(DMA T<INF>g</INF>)' equal to or exceeding 505 K (232[deg]C) and 
having a resin or pitch, not specified by 1C008 or 1C009.b, and not 
being a phenolic resin;
    Note 1: Metal or carbon coated ``fibrous or filamentary 
materials'' (preforms) or `carbon fiber preforms', not impregnated 
with resin or pitch, are specified by ``fibrous or filamentary 
materials'' in 1C010.a, 1C010.b or 1C010.c.
    Note 2: 1C010.e does not apply to:
    a. Epoxy resin ``matrix'' impregnated carbon ``fibrous or 
filamentary materials'' (prepregs) for the repair of ``civil 
aircraft'' structures or laminates, having all of the following:
    1. An area not exceeding 1 m2
    2. A length not exceeding 2.5 m; and
    3. A width exceeding 15 mm;
    b. Fully or partially resin-impregnated or pitch-impregnated 
mechanically chopped, milled or cut carbon ``fibrous or filamentary 
materials'' 25.0 mm or less in length when using a resin or pitch 
other than those specified by 1C008 or 1C009.b.
    Technical Notes:
    1. For the purposes of 1C010.e and Note 1, `carbon fiber 
preforms' are an ordered arrangement of uncoated or coated fibers 
intended to constitute a framework of a part before the ``matrix'' 
is introduced to form a ``composite''.
    2. For the purposes of 1C010.e.2, `Dynamic Mechanical Analysis 
glass transition temperature (DMA Tg)' is determined using the 
method described in ASTM D 7028 -07, or equivalent national 
standard, on a dry test specimen. In the case of thermoset 
materials, degree of cure of a dry test specimen shall be a minimum 
of 90% as defined by ASTM E 2160 04 or equivalent national standard.

1C011 Metals and compounds, as follows (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, MT, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
MT applies to 1C011.a and .b for items      MT Column 1
 that meet or exceed the parameters in
 1C111..

[[Page 71942]]

 
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See also ECCNs 1C111 and 1C608. (2) All of the 
following are ``subject to the ITAR'' (see 22 CFR parts 120 through 
130): (a) Materials controlled by 1C011.a, and metal fuels in 
particle form, whether spherical, atomized, spheroidal, flaked or 
ground, manufactured from material consisting of 99 percent or more 
of items controlled by 1C011.b; and (b) Metal powders mixed with 
other substances to form a mixture formulated for military purposes.
Related Definitions: N/A
Items:

    a. Metals in particle sizes of less than 60 [mu]m whether 
spherical, atomized, spheroidal, flaked or ground, manufactured from 
material consisting of 99% or more of zirconium, magnesium and 
alloys thereof;
    Technical Note: For the purposes of 1C011.a, the natural content 
of hafnium in the zirconium (typically 2% to 7%) is counted with the 
zirconium.
    Note: The metals or alloys specified by 1C011.a also refer to 
metals or alloys encapsulated in aluminum, magnesium, zirconium or 
beryllium.
    b. Boron or boron alloys, with a particle size of 60 [mu]m or 
less, as follows:
    b.1. Boron with a purity of 85% by weight or more;
    b.2. Boron alloys with a boron content of 85% by weight or more;
    Note: The metals or alloys specified by 1C011.b also refer to 
metals or alloys encapsulated in aluminum, magnesium, zirconium or 
beryllium.
    c. Guanidine nitrate (CAS 506-93-4);
    d. Nitroguanidine (NQ) (CAS 556-88-7).
* * * * *
2A001 Anti-friction bearings, bearing systems and ``components,'' as 
follows, (see List of Items Controlled).

License Requirements

    Reason for Control: NS, MT, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
MT applies to radial ball bearings having   MT Column 1
 all tolerances specified in accordance
 with ISO 492 Tolerance Class 2 (or ANSI/
 ABMA Std 20 Tolerance Class ABEC-9, or
 other national equivalents) or better and
 having all the following characteristics:
 an inner ring bore diameter between 12
 and 50 mm; an outer ring outside diameter
 between 25 and 100 mm; and a width
 between 10 and 20 mm..
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $3000, N/A for MT
    GBS: Yes, for 2A001.a,
    N/A for MT

List of Items Controlled

    Related Controls: (1) See also 2A991. (2) Quiet running bearings 
are ``subject to the ITAR'' (see 22 CFR parts 120 through 130.)
    Related Definitions: Annular Bearing Engineers Committee (ABEC).
Items:

    Note: 2A001.a includes ball bearing and roller elements 
``specially designed'' for the items specified therein.
    a. Ball bearings and solid roller bearings, having all 
tolerances specified by the manufacturer in accordance with ISO 492 
Tolerance Class 2 or Class 4 (or national equivalents), or better, 
and having both `rings' and `rolling elements', made from monel or 
beryllium;
    Note: 2A001.a does not control tapered roller bearings.
    Technical Notes: For the purposes of 2A001.a:
    1. `Ring'--is an annular part of a radial rolling bearing 
incorporating one or more raceways (ISO 5593:1997).
    2. `Rolling element'--is a ball or roller which rolls between 
raceways (ISO 5593:1997).
    b. [Reserved]
    c. Active magnetic bearing systems using any of the following, 
and ``specially designed'' components therefor:
    c.1. Materials with flux densities of 2.0 T or greater and yield 
strengths greater than 414 MPa;
    c.2. All-electromagnetic 3D homopolar bias designs for 
actuators; or
    c.3. High temperature (450 K (177 [deg]C) and above) position 
sensors.
* * * * *

B. ``Test,'' ``Inspection'' and ``Production Equipment''

    Technical Notes for 2B001 to 2B009, 2B201, and 2B991 to 2B999:
    1. For the purposes of 2B, secondary parallel contouring axes, 
(e.g., the w-axis on horizontal boring mills or a secondary rotary 
axis the center line of which is parallel to the primary rotary 
axis) are not counted in the total number of contouring axes. Rotary 
axes need not rotate over 360 [deg]. A rotary axis can be driven by 
a linear device (e.g., a screw or a rack-and-pinion).
    2. For the purposes of 2B, the number of axes which can be 
coordinated simultaneously for ``contouring control'' is the number 
of axes along or around which, during processing of the workpiece, 
simultaneous and interrelated motions are performed between the 
workpiece and a tool. This does not include any additional axes 
along or around which other relative motions within the machine are 
performed, such as:
    2.a. Wheel-dressing systems in grinding machines;
    2.b. Parallel rotary axes designed for mounting of separate 
workpieces;
    2.c. Co-linear rotary axes designed for manipulating the same 
workpiece by holding it in a chuck from different ends.
    3. For the purposes of 2B, axis nomenclature shall be in 
accordance with International Standard ISO 841:2001, Industrial 
automation systems and integration--Numerical control of machines--
Coordinate system and motion nomenclature.
    4. For the purposes of this Category, a ``tilting spindle'' is 
counted as a rotary axis.
    5. For the purposes of 2B, `stated ``unidirectional positioning 
repeatability''' may be used for each specific machine model as an 
alternative to individual machine tests, and is determined as 
follows:
    5.a. Select five machines of a model to be evaluated;
    5.b. Measure the linear axis repeatability (R[uarr],R[darr]) 
according to ISO 230-2:2014 and evaluate ``unidirectional 
positioning repeatability'' for each axis of each of the five 
machines;
    5.c. Determine the arithmetic mean value of the ``unidirectional 
positioning repeatability''-values for each axis of all five 
machines together. These arithmetic mean values ``unidirectional 
positioning repeatability'' (UPR) become the stated value of each 
axis for the model. . .)(UPRx, UPRy, . . .);
    5.d. Since the Category 2 list refers to each linear axis there 
will be as many `stated ``unidirectional positioning 
repeatability''' values as there are linear axes;
    5.e. If any axis of a machine model not controlled by 2B001.a. 
to 2B001.c. has a `stated ``unidirectional positioning 
repeatability''' equal to or less than the specified 
``unidirectional positioning repeatability'' of each machine tool 
model plus 0.7 [micro]m, the builder should be required to reaffirm 
the accuracy level once every eighteen months.
    6. For the purposes of 2B, measurement uncertainty for the 
``unidirectional positioning repeatability'' of machine tools, as 
defined in the International Standard ISO 230-2:2014, shall not be 
considered.

[[Page 71943]]

    7. For the purposes of 2B, the measurement of axes shall be made 
according to test procedures in 5.3.2. of ISO 230-2:2014. Tests for 
axes longer than 2 meters shall be made over 2 m segments. Axes 
longer than 4 m require multiple tests (e.g., two tests for axes 
longer than 4 m and up to 8 m, three tests for axes longer than 8 m 
and up to 12 m), each over 2 m segments and distributed in equal 
intervals over the axis length. Test segments are equally spaced 
along the full axis length, with any excess length equally divided 
at the beginning, in between, and at the end of the test segments. 
The smallest ``unidirectional positioning repeatability''-value of 
all test segments is to be reported.
* * * * *
2B004 Hot ``isostatic presses'' having all of the characteristics 
described in the List of Items Controlled, and ``specially 
designed'' ``components'' and ``accessories'' therefor.

License Requirements

Reason for Control: NS, MT NP, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
MT applies to entire entry................  MT Column 1
NP applies to entire entry, except          NP Column 1
 2B004.b.3 and presses with maximum
 working pressures below 69 MPa.
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCN 2D001 for software for items 
controlled under this entry. (2) See ECCNs 2E001 (``development''), 
2E002 (``production''), and 2E101 (``use'') for technology for items 
controlled under this entry. (3) For ``specially designed'' dies, 
molds and tooling, see ECCNs 0B501, 0B602, 0B606, 1B003, 9B004, and 
9B009. (4) For additional controls on dies, molds and tooling, see 
ECCNs 1B101.d, 2B104 and 2B204. (5) Also see ECCNs 2B117 and 
2B999.a.
Related Definitions: N/A
Items:

    a. A controlled thermal environment within the closed cavity and 
possessing a chamber cavity with an inside diameter of 406 mm or 
more; and
    b. Having any of the following:
    b.1. A maximum working pressure exceeding 207 MPa;
    b.2. A controlled thermal environment exceeding 1,773 K (1,500 
[deg]C); or
    b.3. A facility for hydrocarbon impregnation and removal of 
resultant gaseous degradation products.
    Technical Note: For the purposes of 2B004, the inside chamber 
dimension is that of the chamber in which both the working 
temperature and the working pressure are achieved and does not 
include fixtures. That dimension will be the smaller of either the 
inside diameter of the pressure chamber or the inside diameter of 
the insulated furnace chamber, depending on which of the two 
chambers is located inside the other.
* * * * *
2B006 Dimensional inspection or measuring systems, equipment, 
position feedback units and ``electronic assemblies'', as follows 
(see List of Items Controlled).

License Requirements

Reason for Control: NS, NP, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
NP applies to those items in 2B006.a, b.1,  NP Column 1
 b.3, and .c (angular displacement
 measuring instruments) that meet or
 exceed the technical parameters in 2B206..
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCNs 2D001 and 2D002 for ``software'' for 
items controlled under this entry. (2) See ECCNs 2E001 
(``development''), 2E002 (``production''), and 2E201 (``use'') for 
technology for items controlled under this entry. (3) Also see ECCNs 
2B206 and 2B996.
Related Definitions: N/A
Items:

    a. Computer controlled or ``numerically controlled'' Coordinate 
Measuring Machines (CMM), having a three dimensional length 
(volumetric) maximum permissible error of length measurement 
(E<INF>0,MPE</INF>) at any point within the operating range of the 
machine (i.e., within the length of axes) equal to or less (better) 
than (1.7 + L/1,000) [mu]m (L is the measured length in mm) 
according to ISO 10360-2 (2009);
    Technical Note: For the purposes of 2B006.a, E<INF>0,MPE</INF> 
of the most accurate configuration of the CMM specified by the 
manufacturer (e.g.,best of the following: Probe, stylus length, 
motion parameters, environment) and with ``all compensations 
available'' shall be compared to the 1.7 + L/1,000 [mu]m threshold.
    b. Linear displacement measuring instruments or systems, linear 
position feedback units, and ``electronic assemblies'', as follows:
    Note: Interferometer and optical-encoder measuring systems 
containing a ``laser'' are only specified by 2B006.b.3.
    b.1. `Non-contact type measuring systems' with a `resolution' 
equal to or less (better) than 0.2 [mu]m within 0 to 0.2 mm of the 
'measuring range';
    Technical Notes: For the purposes of 2B006.b.1:
    1. `Non-contact type measuring systems' are designed to measure 
the distance between the probe and measured object along a single 
vector, where the probe or measured object is in motion.
    2. `Measuring range' means the distance between the minimum and 
maximum working distance.
    b.2. Linear position feedback units ``specially designed'' for 
machine tools and having an overall ``accuracy'' less (better) than 
(800 + (600 x L/1,000)) nm (L equals effective length in mm);
    b.3. Measuring systems having all of the following:
    b.3.a. Containing a ``laser'';
    b.3.b. A `resolution' over their full scale of 0.200 nm or less 
(better); and
    b.3.c. Capable of achieving a ``measurement uncertainty'' equal 
to or less (better) than (1.6 + L/2,000) nm (L is the measured 
length in mm) at any point within a measuring range, when 
compensated for the refractive index of air and measured over a 
period of 30 seconds at a temperature of 20<plus-minus>0.01[deg]C;
    Technical Note: For the purposes of 2B006.b, `resolution' is the 
least increment of a measuring device; on digital instruments, the 
least significant bit.
    b.4. ``Electronic assemblies'' ``specially designed'' to provide 
feedback capability in systems controlled by 2B006.b.3;
    c. Rotary position feedback units ``specially designed'' for 
machine tools or angular displacement measuring instruments, having 
an angular position ``accuracy'' equal to or less (better) than 0.9 
second of arc;
    Note: 2B006.c does not control optical instruments, such as 
autocollimators, using collimated light (e.g., ``laser'' light) to 
detect angular displacement of a mirror.
    d. Equipment for measuring surface roughness (including surface 
defects), by measuring optical scatter with a sensitivity of 0.5 nm 
or less (better).
    Note: 2B006 includes machine tools, other than those specified 
by 2B001, that can be used as measuring machines, if they meet or 
exceed the criteria specified for the measuring machine function.
* * * * *
2B008 `Compound rotary tables' and ``tilting spindles'', ``specially 
designed'' for machine tools, as follows (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1
 


[[Page 71944]]

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: See also 2B998.
Related Definition: N/A
Items:

    a. [Reserved]
    b. [Reserved]
    c. `Compound rotary tables' having all of the following:
    c.1. Designed for machine tools for turning, milling or 
grinding; and
    c.2. Two rotary axes designed to be coordinated simultaneously 
for ``contouring control''.
    Technical Note: For the purposes of 2B008.c, a `compound rotary 
table' is a table allowing the workpiece to rotate and tilt about 
two non-parallel axes.
    d. ``Tilting spindles'' having all of the following:
    d.1. Designed for machine tools for turning, milling or 
grinding; and
    d.2. Designed to be coordinated simultaneously for ``contouring 
control''.
* * * * *
2B009 Spin-forming machines and flow-forming machines, which, 
according to the manufacturer's technical specifications, can be 
equipped with ``numerical control'' units or a computer control and 
having all of the following characteristics (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, MT, NP, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
MT applies to: spin-forming...............  MT Column 1
machines combining the functions of spin-
 forming and flow-forming; and flow-
 forming machines that meet or exceed the
 parameters of 2B009.a and 2B109.
NP applies to flow-forming machines, and    NP Column 1
 spin-forming machines capable of flow-
 forming functions, that meet or exceed
 the parameters of 2B209.
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCN 2D001 for ``software'' for items 
controlled under this entry. (2) See ECCNs 2E001 (``development''), 
2E002 (``production''), and 2E101 (``use'') for technology for items 
controlled under this entry. (3) Also see ECCNs 2B109 and 2B209 for 
additional flow-forming machines for MT and NP reasons.
Related Definitions: N/A
Items:

    a. Three or more axes which can be coordinated simultaneously 
for ``contouring control''; and
    b. A roller force more than 60 kN.
    Technical Note: For the purposes of 2B009, machines combining 
the function of spin-forming and flow-forming are regarded as flow-
forming machines.
* * * * *
2E003 Other ``technology'', as follows (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except 2E003.b, .e and .f

List of Items Controlled

Related Controls: See 2E001, 2E002, and 2E101 for ``development'' 
and ``use'' technology for equipment that are designed or modified 
for densification of carbon-carbon composites, structural composite 
rocket nozzles and reentry vehicle nose tips.
Related Definitions: N/A
Items:

    a. [Reserved]
    b. ``Technology'' for metal-working manufacturing processes, as 
follows:
    b.1. ``Technology'' for the design of tools, dies or fixtures 
``specially designed'' for any of the following processes:
    b.1.a. ``Superplastic forming'';
    b.1.b. ``Diffusion bonding''; or
    b.1.c. `Direct-acting hydraulic pressing';
    b.2. [Reserved]
    N.B.: For ``technology'' for metal-working manufacturing 
processes for gas turbine engines and components, see 9E003 and USML 
Category XIX
    Technical Note: For the purposes of 2E003.b.1.c, `direct-acting 
hydraulic pressing' is a deformation process which uses a fluid-
filled flexible bladder in direct contact with the workpiece.
    c. ``Technology'' for the ``development'' or ``production'' of 
hydraulic stretch-forming machines and dies therefor, for the 
manufacture of airframe structures;
    d. [Reserved]
    e. ``Technology'' for the ``development'' of integration 
``software'' for incorporation of expert systems for advanced 
decision support of shop floor operations into ``numerical control'' 
units;
    f. ``Technology'' for the application of inorganic overlay 
coatings or inorganic surface modification coatings (specified in 
column 3 of the following table) to non-electronic substrates 
(specified in column 2 of the following table), by processes 
specified in column 1 of the following table and defined in the 
Technical Note.
    N.B. This table should be read to control the technology of a 
particular `Coating Process' only when the resultant coating in 
column 3 is in a paragraph directly across from the relevant 
`Substrate' under column 2. For example, Chemical Vapor Deposition 
(CVD) `coating process' control the ``technology'' for a particular 
application of `silicides' to `Carbon-carbon, Ceramic and Metal 
``matrix'' ``composites'' substrates, but are not controlled for the 
application of `silicides' to `Cemented tungsten carbide (16), 
Silicon carbide (18)' substrates. In the second case, the resultant 
coating is not listed in the paragraph under column 3 directly 
across from the paragraph under column 2 listing `Cemented tungsten 
carbide (16), Silicon carbide (18)'.

Category 2E--Materials Processing Table; Deposition Techniques
---------------------------------------------------------------------------

    \1\ The numbers in parenthesis refer to the Notes following this 
Table.

------------------------------------------------------------------------
                                                         3. Resultant
   1. Coating process (1) \1\        2. Substrate           coating
------------------------------------------------------------------------
A. Chemical Vapor Deposition      ``Superalloys''...  Aluminides for
 (CVD).                                                internal passages
                                  Ceramics (19) and   Silicides
                                   Low-expansion      Carbides
                                   glasses(14).       Dielectric layers
                                                       (15)
                                                      Diamond
                                                      Diamond-like
                                                       carbon (17)

[[Page 71945]]

 
                                  Carbon-carbon,      Silicides
                                   Ceramic, and       Carbides
                                   Metal ``matrix''   Refractory metals
                                   ``composites``.
                                                      Mixtures thereof
                                                       (4)
                                                      Dielectric layers
                                                       (15)
                                                      Aluminides
                                                      Alloyed aluminides
                                                       (2)
                                                      Boron nitride
                                  Cemented tungsten.  Carbides
                                  carbide (16),.....  Tungsten
                                  Silicon carbide     Mixtures thereof
                                   (18).               (4)
                                                      Dielectric layers
                                                       (15)
                                  Molybdenum and      Dielectric layers
                                   Molybdenum alloys.  (15)
                                  Beryllium and       Dielectric layers
                                   Beryllium alloys.   (15)
                                                      Diamond
                                                      Diamond-like
                                                       carbon (17)
                                  Sensor window       Dielectric layers
                                   materials (9).      (15)
                                                      Diamond
                                                      Diamond-like
                                                       carbon (17)
B. Thermal-Evaporation Physical
 Vapor:
    1. Physical Vapor Deposition  ``Superalloys''...  Alloyed silicides
     (PVD): Deposition (TE-PVD)                       Alloyed aluminides
     Electron-Beam (EB-PVD).                           (2)
                                                      MCrAlX (5)
                                                      Modified zirconia
                                                       (12)
                                                      Silicides
                                                      Aluminides
                                                      Mixtures thereof
                                                       (4)
                                  Ceramics (19) and   Dielectric layers
                                   Low-expansion       (15)
                                   glasses (14).
                                  Corrosion           MCrAlX (5)
                                   resistant steel    Modified zirconia
                                   (7).                (12)
                                                      Mixtures thereof
                                                       (4)
                                  Carbon-carbon,      Silicides
                                   Ceramic and Metal  Carbides
                                   ``matrix''         Refractory metals
                                   ``composites''.
                                                      Mixtures thereof
                                                       (4)
                                                      Dielectric layers
                                                       (15)
                                                      Boron nitride
                                  Cemented tungsten   Carbides
                                   carbide (16),      Tungsten
                                   Silicon carbide    Mixtures thereof
                                   (18).               (4)
                                                      Dielectric layers
                                                       (15)
                                  Molybdenum and      Dielectric layers
                                   Molybdenum alloys.  (15)
                                  Beryllium and       Dielectric layers
                                   Beryllium alloys.   (15)
                                                      Borides
                                                      Beryllium
                                  Sensor window       Dielectric layers
                                   materials (9).      (15)
                                  Titanium alloys     Borides
                                   (13).              Nitrides
    2. Ion assisted resistive     Ceramics (19) and   Dielectric layers
     heating Physical Vapor        Low-expansion       (15)
     Deposition (PVD)(Ion          glasses (14).      Diamond-like
     Plating).                                         carbon (17)
                                  Carbon-carbon,      Dielectric layers
                                   Ceramic and Metal   (15)
                                   ``matrix''
                                   ``composites''.
                                  Cemented tungsten   Dielectric layers
                                   carbide (16).       (15)
                                  Silicon carbide...
                                  Molybdenum and      Dielectric layers
                                   Molybdenum alloys.  (15)
                                  Beryllium and       Dielectric layers
                                   Beryllium alloys.   (15)
                                  Sensor window       Dielectric Layers
                                   materials (9).      (15)
                                                      Diamond-like
                                                       carbon (17)
    3. Physical Vapor Deposition  Ceramics (19) and   Silicides
     (PVD): ``Laser''              Low-expansion      Dielectric layers
     Vaporization.                 glasses (14).       (15)
                                                      Diamond-like
                                                       carbon (17)
                                  Carbon-carbon,      Dielectric layers
                                   Ceramic and Metal   (15)
                                   ``matrix''
                                   ``composites''.
                                  Cemented tungsten   Dielectric Layers
                                   carbide (16),       (15)
                                   Silicon carbide.
                                  Molybdenum and      Dielectric layers
                                   Molybdenum alloys.  (15)
                                  Beryllium and       Dielectric layers
                                   Beryllium alloys.   (15)
                                  Sensor window       Dielectric layers
                                   materials (9).      (15)
                                                      Diamond-like
                                                       carbon
    4. Physical Vapor Deposition  ``Superalloys''...  Alloyed silicides
     (PVD): Cathodic Arc                              Alloyed Aluminides
     Discharge.                                        (2)
                                                      MCrA1X (5)

[[Page 71946]]

 
                                  Polymers (11) and   Borides
                                   Organic            Carbides
                                   ``matrix''         Nitrides
                                   ``composites''.    Diamond-like
                                                       carbon (17)
C. Pack cementation (see A above  Carbon-carbon,      Silicides
 for out-of-pack cementation)      Ceramic and Metal  Carbides
 (10).                             ``matrix''         Mixtures thereof
                                   ``composites''.     (4)
                                  Titanium alloys     Silicides
                                   (13).              Aluminides
                                                      Alloyed aluminides
                                                       (2)
                                  Refractory metals   Silicides
                                   and alloys (8).    Oxides
D. Plasma spraying..............  ``Superalloys''...  MCrAlX (5)
                                                      Modified zirconia
                                                       (12)
                                                      Mixtures thereof
                                                       (4)
                                                      Abradable Nickel-
                                                       Graphite
                                                      Abradable
                                                       materials
                                                       containing
                                                      Ni-Cr-Al Abradable
                                                      Al-Si-Polyester
                                                       Alloyed
                                                       aluminides (2)
                                  Aluminum alloys     MCrAlX (5)
                                   (6).               Modified zirconia
                                                       (12)
                                                      Silicides
                                                      Mixtures thereof
                                                       (4)
                                  Refractory metals   Aluminides
                                   and alloys (8),    Silicides
                                   Carbides,          MCrAlX (5)
                                   Corrosion          Modified zirconia
                                   resistant steel     (12)
                                   (7).               Mixtures thereof
                                                       (4)
D. Plasma spraying (continued)..  Titanium alloys     Carbides
                                   (13).              Aluminides
                                                      Silicides
                                                      Alloyed aluminides
                                                       (2)
                                  Abradable Nickel    Abradable
                                   Graphite.           materials
                                                       containing
                                                      Ni-Cr-Al
                                                      Abradable Al-Si-
                                                       Polyester
E. Slurry Deposition............  Refractory metals   Fused silicides
                                   and alloys (8).    Fused aluminides
                                                       except for
                                                       resistance
                                                       heating elements
                                  Carbon-carbon,      Silicides
                                   Ceramic and Metal  Carbides
                                   ``matrix''         Mixtures thereof
                                   ``composites''.     (4)
F. Sputter Deposition...........  ``Superalloys''...  Alloyed silicides
                                                      Alloyed aluminides
                                                       (2)
                                                      Noble metal
                                                       modified
                                                       aluminides (3)
                                                      MCrAlX (5)
                                                      Modified zirconia
                                                       (12)
                                                      Platinum
                                                      Mixtures thereof
                                                       (4)
                                  Ceramics and Low-   Silicides
                                   expansion glasses  Platinum
                                   (14).              Mixtures thereof
                                                       (4)
                                                      Dielectric layers
                                                       (15)
                                                      Diamond-like
                                                       carbon (17)
                                  Titanium alloys     Borides
                                   (13).              Nitrides
                                                      Oxides
                                                      Silicides
                                                      Aluminides
                                                      Alloyed aluminides
                                                       (2)
                                                      Carbides
F. Sputter Deposition             Carbon-carbon,      Silicides
 (continued).                      Ceramic and Metal  Carbides
                                   ``matrix''         Refractory metals
                                   ``Composites''.
                                                      Mixtures thereof
                                                       (4)
                                                      Dielectric layers
                                                       (15)
                                                      Boron nitride
                                  Cemented tungsten   Carbides
                                   carbide (16),      Tungsten
                                   Silicon carbide    Mixtures thereof
                                   (18).               (4)
                                                      Dielectric layers
                                                       (15)
                                                      Boron nitride
                                  Molybdenum and      Dielectric layers
                                   Molybdenum alloys.  (15)

[[Page 71947]]

 
                                  Beryllium and       Borides
                                   Beryllium alloys.  Dielectric layers
                                                       (15)
                                                      Beryllium
                                  Sensor window       Dielectric layers
                                   materials (9).      (15)
                                                      Diamond-like
                                                       carbon (17)
                                  Refractory metals   Aluminides
                                   and alloys (8).    Silicides
                                                      Oxides
                                                      Carbides
G. Ion Implantation.............  High temperature    Additions of
                                   bearing steels.     Chromium,Tantalum
                                                       , or Niobium
                                                       (Columbium)
                                  Titanium alloys     Borides
                                   (13).              Nitrides
                                  Beryllium and       Borides
                                   Beryllium alloys.
                                  Cemented tungsten   Carbides
                                   carbide (16).      Nitrides
------------------------------------------------------------------------

    Notes to Table on Deposition Techniques:
    1. The term ``coating process'' includes coating repair and 
refurbishing as well as original coating.
    2. The term ``alloyed aluminide coating'' includes single or 
multiple-step coatings in which an element or elements are deposited 
prior to or during application of the aluminide coating, even if 
these elements are deposited by another coating process. It does 
not, however, include the multiple use of single-step pack 
cementation processes to achieve alloyed aluminides.
    3. The term ``noble metal modified aluminide'' coating includes 
multiple-step coatings in which the noble metal or noble metals are 
laid down by some other coating process prior to application of the 
aluminide coating.
    4. The term ``mixtures thereof'' includes infiltrated material, 
graded compositions, co-deposits and multilayer deposits and are 
obtained by one or more of the coating processes specified in the 
Table.
    5. MCrAlX refers to a coating alloy where M equals cobalt, iron, 
nickel or combinations thereof and X equals hafnium, yttrium, 
silicon, tantalum in any amount or other intentional additions over 
0.01% by weight in various proportions and combinations, except:
    a. CoCrAlY coatings which contain less than 22% by weight of 
chromium, less than 7% by weight of aluminum and less than 2% by 
weight of yttrium;
    b. CoCrAlY coatings which contain 22 to 24% by weight of 
chromium, 10 to 12% by weight of aluminum and 0.5 to 0.7% by weight 
of yttrium; or
    c. NiCrAlY coatings which contain 21 to 23% by weight of 
chromium, 10 to 12% by weight of aluminum and 0.9 to 1.1% by weight 
of yttrium.
    6. The term ``aluminum alloys'' refers to alloys having an 
ultimate tensile strength of 190 MPa or more measured at 293 K (20 
[deg]C).
    7. The term ``corrosion resistant steel'' refers to AISI 
(American Iron and Steel Institute) 300 series or equivalent 
national standard steels.
    8. ``Refractory metals and alloys'' include the following metals 
and their alloys: niobium (columbium), molybdenum, tungsten and 
tantalum.
    9. ``Sensor window materials'', as follows: alumina, silicon, 
germanium, zinc sulphide, zinc selenide, gallium arsenide, diamond, 
gallium phosphide, sapphire and the following metal halides: sensor 
window materials of more than 40 mm diameter for zirconium fluoride 
and hafnium fluoride.
    10. Category 2 does not include ``technology'' for single-step 
pack cementation of solid airfoils.
    11. ``Polymers'', as follows: polyimide, polyester, polysulfide, 
polycarbonates and polyurethanes.
    12. ``Modified zirconia'' refers to additions of other metal 
oxides, (e.g., calcia, magnesia, yttria, hafnia, rare earth oxides) 
to zirconia in order to stabilize certain crystallographic phases 
and phase compositions. Thermal barrier coatings made of zirconia, 
modified with calcia or magnesia by mixing or fusion, are not 
controlled.
    13. ``Titanium alloys'' refers only to aerospace alloys having 
an ultimate tensile strength of 900 MPa or more measured at 293 K 
(20 [deg]C).
    14. ``Low-expansion glasses'' refers to glasses which have a 
coefficient of thermal expansion of 1 x 10-7 K-1 or less measured at 
293 K (20 [deg]C).
    15. ``Dielectric layers'' are coatings constructed of multi-
layers of insulator materials in which the interference properties 
of a design composed of materials of various refractive indices are 
used to reflect, transmit or absorb various wavelength bands. 
Dielectric layers refers to more than four dielectric layers or 
dielectric/metal ``composite'' layers.
    16. ``Cemented tungsten carbide'' does not include cutting and 
forming tool materials consisting of tungsten carbide/(cobalt, 
nickel), titanium carbide/(cobalt, nickel), chromium carbide/nickel-
chromium and chromium carbide/nickel.
    17. ``Technology'' for depositing diamond-like carbon on any of 
the following is not controlled: magnetic disk drives and heads, 
equipment for the manufacture of disposables, valves for faucets, 
acoustic diaphragms for speakers, engine parts for automobiles, 
cutting tools, punching-pressing dies, office automation equipment, 
microphones, medical devices or molds, for casting or molding of 
plastics, manufactured from alloys containing less than 5% 
beryllium.
    18. ``Silicon carbide'' does not include cutting and forming 
tool materials.
    19. Ceramic substrates, as used in this entry, does not include 
ceramic materials containing 5% by weight, or greater, clay or 
cement content, either as separate constituents or in combination.
    Technical Note to Table on Deposition Techniques: Processes 
specified in Column 1 of the Table are defined as follows:
    a. Chemical Vapor Deposition (CVD) is an overlay coating or 
surface modification coating process wherein a metal, alloy, 
``composite'', dielectric or ceramic is deposited upon a heated 
substrate. Gaseous reactants are decomposed or combined in the 
vicinity of a substrate resulting in the deposition of the desired 
elemental, alloy or compound material on the substrate. Energy for 
this decomposition or chemical reaction process may be provided by 
the heat of the substrate, a glow discharge plasma, or ``laser'' 
irradiation.
    Note 1: CVD includes the following processes: directed gas flow 
out-of-pack deposition, pulsating CVD, controlled nucleation thermal 
decomposition (CNTD), plasma enhanced or plasma assisted CVD 
processes.
    Note 2: Pack denotes a substrate immersed in a powder mixture.
    Note 3: The gaseous reactants used in the out-of-pack process 
are produced using the same basic reactions and parameters as the 
pack cementation process, except that the substrate to be coated is 
not in contact with the powder mixture.
    b. Thermal Evaporation-Physical Vapor Deposition (TE-PVD) is an 
overlay coating process conducted in a vacuum with a pressure less 
than 0.1 Pa wherein a source of thermal energy is used to vaporize 
the coating material. This process results in the condensation, or 
deposition, of the evaporated species onto appropriately positioned 
substrates. The addition of gases to the vacuum chamber during the 
coating process to synthesize compound coatings is an ordinary 
modification of the process. The use of ion or electron beams, or 
plasma, to activate or assist the coating's deposition is also a 
common modification in this technique. The use of monitors to 
provide in-process measurement of optical characteristics and 
thickness of coatings can

[[Page 71948]]

be a feature of these processes. Specific TE-PVD processes are as 
follows:
    1. Electron Beam PVD uses an electron beam to heat and evaporate 
the material which forms the coating;
    2. Ion Assisted Resistive Heating PVD employs electrically 
resistive heating sources in combination with impinging ion beam(s) 
to produce a controlled and uniform flux of evaporated coating 
species;
    3. ``Laser'' Vaporization uses either pulsed or continuous wave 
``laser'' beams to vaporize the material which forms the coating;
    4. Cathodic Arc Deposition employs a consumable cathode of the 
material which forms the coating and has an arc discharge 
established on the surface by a momentary contact of a ground 
trigger. Controlled motion of arcing erodes the cathode surface 
creating a highly ionized plasma. The anode can be either a cone 
attached to the periphery of the cathode, through an insulator, or 
the chamber. Substrate biasing is used for non line-of-sight 
deposition;
    Note: This definition does not include random cathodic arc 
deposition with non-biased substrates.
    5. Ion Plating is a special modification of a general TE-PVD 
process in which a plasma or an ion source is used to ionize the 
species to be deposited, and a negative bias is applied to the 
substrate in order to facilitate the extraction of the species from 
the plasma. The introduction of reactive species, evaporation of 
solids within the process chamber, and the use of monitors to 
provide in-process measurement of optical characteristics and 
thicknesses of coatings are ordinary modifications of the process.
    c. Pack Cementation is a surface modification coating or overlay 
coating process wherein a substrate is immersed in a powder mixture 
(a pack), that consists of:
    1. The metallic powders that are to be deposited (usually 
aluminum, chromium, silicon or combinations thereof);
    2. An activator (normally a halide salt); and
    3. An inert powder, most frequently alumina.
    Note: The substrate and powder mixture is contained within a 
retort which is heated to between 1,030 K (757 [deg]C) to 1,375 K 
(1,102 [deg]C) for sufficient time to deposit the coating.
    d. Plasma Spraying is an overlay coating process wherein a gun 
(spray torch) which produces and controls a plasma accepts powder or 
wire coating materials, melts them and propels them towards a 
substrate, whereon an integrally bonded coating is formed. Plasma 
spraying constitutes either low pressure plasma spraying or high 
velocity plasma spraying.
    Note 1: Low pressure means less than ambient atmospheric 
pressure.
    Note 2: High velocity refers to nozzle-exit gas velocity 
exceeding 750 m/s calculated at 293 K (20 [deg]C) at 0.1 MPa.
    e. Slurry Deposition is a surface modification coating or 
overlay coating process wherein a metallic or ceramic powder with an 
organic binder is suspended in a liquid and is applied to a 
substrate by either spraying, dipping or painting, subsequent air or 
oven drying, and heat treatment to obtain the desired coating.
    f. Sputter Deposition is an overlay coating process based on a 
momentum transfer phenomenon, wherein positive ions are accelerated 
by an electric field towards the surface of a target (coating 
material). The kinetic energy of the impacting ions is sufficient to 
cause target surface atoms to be released and deposited on an 
appropriately positioned substrate.
    Note 1: The Table refers only to triode, magnetron or reactive 
sputter deposition which is used to increase adhesion of the coating 
and rate of deposition and to radio frequency (RF) augmented sputter 
deposition used to permit vaporization of non-metallic coating 
materials.
    Note 2: Low-energy ion beams (less than 5 keV) can be used to 
activate the deposition.
    g. Ion Implantation is a surface modification coating process in 
which the element to be alloyed is ionized, accelerated through a 
potential gradient and implanted into the surface region of the 
substrate. This includes processes in which ion implantation is 
performed simultaneously with electron beam physical vapor 
deposition or sputter deposition.
    Accompanying Technical Information to Table on Deposition 
Techniques:
    1. Technical information for pretreatments of the substrates 
listed in the Table, as follows:
    a. Chemical stripping and cleaning bath cycle parameters, as 
follows:
    1. Bath composition;
    a. For the removal of old or defective coatings corrosion 
product or foreign deposits;
    b. For preparation of virgin substrates;
    2. Time in bath;
    3. Temperature of bath;
    4. Number and sequences of wash cycles;
    b. Visual and macroscopic criteria for acceptance of the cleaned 
part;
    c. Heat treatment cycle parameters, as follows:
    1. Atmosphere parameters, as follows:
    a. Composition of the atmosphere;
    b. Pressure of the atmosphere;
    2. Temperature for heat treatment;
    3. Time of heat treatment;
    d. Substrate surface preparation parameters, as follows:
    1. Grit blasting parameters, as follows:
    a. Grit composition;
    b. Grit size and shape;
    c. Grit velocity;
    2. Time and sequence of cleaning cycle after grit blast;
    3. Surface finish parameters;
    4. Application of binders to promote adhesion;
    e. Masking technique parameters, as follows:
    1. Material of mask;
    2. Location of mask;
    2. Technical information for in situ quality assurance 
techniques for evaluation of the coating processes listed in the 
Table, as follows:
    a. Atmosphere parameters, as follows:
    1. Composition of the atmosphere;
    2. Pressure of the atmosphere;
    b. Time parameters;
    c. Temperature parameters;
    d. Thickness parameters;
    e. Index of refraction parameters;
    f. Control of composition;
    3. Technical information for post deposition treatments of the 
coated substrates listed in the Table, as follows:
    a. Shot peening parameters, as follows:
    1. Shot composition;
    2. Shot size;
    3. Shot velocity;
    b. Post shot peening cleaning parameters;
    c. Heat treatment cycle parameters, as follows:
    1. Atmosphere parameters, as follows:
    a. Composition of the atmosphere;
    b. Pressure of the atmosphere;
    2. Time-temperature cycles;
    d. Post heat treatment visual and macroscopic criteria for 
acceptance of the coated substrates;
    4. Technical information for quality assurance techniques for 
the evaluation of the coated substrates listed in the Table, as 
follows:
    a. Statistical sampling criteria;
    b. Microscopic criteria for:
    1. Magnification;
    2. Coating thickness, uniformity;
    3. Coating integrity;
    4. Coating composition;
    5. Coating and substrates bonding;
    6. Microstructural uniformity.
    c. Criteria for optical properties assessment (measured as a 
function of wavelength):
    1. Reflectance;
    2. Transmission;
    3. Absorption;
    4. Scatter;
    5. Technical information and parameters related to specific 
coating and surface modification processes listed in the Table, as 
follows:
    a. For Chemical Vapor Deposition (CVD):
    1. Coating source composition and formulation;
    2. Carrier gas composition;
    3. Substrate temperature;
    4. Time-temperature-pressure cycles;
    5. Gas control and part manipulation;
    b. For Thermal Evaporation-Physical Vapor Deposition (PVD):
    1. Ingot or coating material source composition;
    2. Substrate temperature;
    3. Reactive gas composition;
    4. Ingot feed rate or material vaporization rate;
    5. Time-temperature-pressure cycles;
    6. Beam and part manipulation;
    7. ``Laser'' parameters, as follows:
    a. Wave length;
    b. Power density;
    c. Pulse length;
    d. Repetition ratio;
    e. Source;
    c. For Pack Cementation:
    1. Pack composition and formulation;
    2. Carrier gas composition;
    3. Time-temperature-pressure cycles;
    d. For Plasma Spraying:
    1. Powder composition, preparation and size distributions;
    2. Feed gas composition and parameters;
    3. Substrate temperature;
    4. Gun power parameters;
    5. Spray distance;
    6. Spray angle;

[[Page 71949]]

    7. Cover gas composition, pressure and flow rates;
    8. Gun control and part manipulation;
    e. For Sputter Deposition:
    1. Target composition and fabrication;
    2. Geometrical positioning of part and target;
    3. Reactive gas composition;
    4. Electrical bias;
    5. Time-temperature-pressure cycles;
    6. Triode power;
    7. Part manipulation;
    f. For Ion Implantation:
    1. Beam control and part manipulation;
    2. Ion source design details;
    3. Control techniques for ion beam and deposition rate 
parameters;
    4. Time-temperature-pressure cycles.
    g. For Ion Plating:
    1. Beam control and part manipulation;
    2. Ion source design details;
    3. Control techniques for ion beam and deposition rate 
parameters;
    4. Time-temperature-pressure cycles;
    5. Coating material feed rate and vaporization rate;
    6. Substrate temperature;
    7. Substrate bias parameters.
* * * * *
3A001 Electronic items as follows (see List of Items Controlled).
Reason for Control: NS, RS, MT, NP, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``Monolithic Microwave        NS Column 1
 Integrated Circuit'' (``MMIC'')
 amplifiers in 3A001.b.2 and discrete
 microwave transistors in 3A001.b.3,
 except those 3A001.b.2 and b.3 items
 being exported or reexported for use in
 civil telecommunications applications.
NS applies to entire entry................  NS Column 2
RS applies ``Monolithic Microwave           RS Column 1
 Integrated Circuit'' (``MMIC'')
 amplifiers in 3A001.b.2 and discrete
 microwave transistors in 3A001.b.3,
 except those 3A001.b.2 and b.3 items
 being exported or reexported for use in
 civil telecommunications applications.
MT applies to 3A001.a.1.a when usable in    MT Column 1
 ``missiles''; and to 3A001.a.5.a when
 ``designed or modified'' for military
 use, hermetically sealed and rated for
 operation in the temperature range from
 below -54 [deg]C to above +125 [deg]C.
NP applies to pulse discharge capacitors    NP Column 1
 in 3A001.e.2 and superconducting
 solenoidal electromagnets in 3A001.e.3
 that meet or exceed the technical
 parameters in 3A201.a and 3A201.b,
 respectively.
AT applies to entire entry................  AT Column 1
 

Reporting Requirements: See Sec.  743.1 of the EAR for reporting 
requirements for exports under 3A001.b.2 or b.3 under License 
Exceptions, and Validated End-User authorizations.

    License Requirements Note: See Sec.  744.17 of the EAR for 
additional license requirements for microprocessors having a 
processing speed of 5 GFLOPS or more and an arithmetic logic unit 
with an access width of 32 bit or more, including those 
incorporating ``information security'' functionality, and associated 
``software'' and ``technology'' for the ``production'' or 
``development'' of such microprocessors.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A for MT or NP; N/A for ``Monolithic Microwave Integrated 
Circuit'' (``MMIC'') amplifiers in 3A001.b.2 and discrete microwave 
transistors in 3A001.b.3, except those that are being exported or 
reexported for use in civil telecommunications applications.
Yes for:
$1500: 3A001.c
$3000: 3A001.b.1, b.2 (exported or reexported for use in civil 
telecommunications applications), b.3 (exported or reexported for 
use in civil telecommunications applications), b.9, .d, .e, .f, and 
.g.
$5000: 3A001.a (except a.1.a and a.5.a when controlled for MT), .b.4 
to b.7, and b.12.
GBS: Yes for 3A001.a.1.b, a.2 to a.14 (except .a.5.a when controlled 
for MT), b.2 (exported or reexported for use in civil 
telecommunications applications), b.8 (except for ``vacuum 
electronic devices'' exceeding 18 GHz), b.9., b.10, .g, and .h, and 
.i.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in 
3A001.b.2 or b.3, except those that are being exported or reexported 
for use in civil telecommunications applications, to any of the 
destinations listed in Country Group A:5 or A:6 (See Supplement No. 
1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See Category XV of the USML for certain 
``space-qualified'' electronics and Category XI of the USML for 
certain ASICs, `transmit/receive modules,' or `transmit modules' 
``subject to the ITAR'' (see 22 CFR parts 120 through 130). (2) See 
also 3A101, 3A201, 3A611, 3A991, and 9A515.
Related Definitions: `Microcircuit' means a device in which a number 
of passive or active elements are considered as indivisibly 
associated on or within a continuous structure to perform the 
function of a circuit. For the purposes of integrated circuits in 
3A001.a.1, 5 x 10\3\ Gy(Si) = 5 x 10\5\ Rads (Si); 5 x 10\6\ Gy 
(Si)/s = 5 x 10\8\ Rads (Si)/s.
Items:

    a. General purpose integrated circuits, as follows:
    Note 1: Integrated circuits include the following types:

--``Monolithic integrated circuits'';
--``Hybrid integrated circuits'';
--``Multichip integrated circuits'';
--Film type integrated circuits, including silicon-on-sapphire 
integrated circuits'';
--``Optical integrated circuits'';
--``Three dimensional integrated circuits'';
--``Monolithic Microwave Integrated Circuits'' (``MMICs'').
    a.1. Integrated circuits designed or rated as radiation hardened 
to withstand any of the following:
    a.1.a. A total dose of 5 x 10\3\ Gy (Si), or higher;
    a.1.b. A dose rate upset of 5 x 10\6\ Gy (Si)/s, or higher; or
    a.1.c. A fluence (integrated flux) of neutrons (1 MeV 
equivalent) of 5 x 10\13\ n/cm\2\ or higher on silicon, or its 
equivalent for other materials;
    Note: 3A001.a.1.c does not apply to Metal Insulator 
Semiconductors (MIS).
    a.2. ``Microprocessor microcircuits,'' ``microcomputer 
microcircuits,'' microcontroller microcircuits, storage integrated 
circuits manufactured from a compound semiconductor, analog-to-
digital converters, integrated circuits that contain analog-to-
digital converters and store or process the digitized data, digital-
to-analog converters, electro-optical or ``optical integrated 
circuits'' designed for ``signal processing'', field programmable 
logic devices, custom integrated circuits for which either the 
function is unknown or the control status of the equipment in which 
the integrated circuit will be used in unknown, Fast Fourier 
Transform (FFT) processors, Static Random-Access Memories (SRAMs), 
or `non-volatile memories,' having any of the following:
    Technical Note: For the purposes of 3A001.a.2, `non-volatile 
memories' are

[[Page 71950]]

memories with data retention over a period of time after a power 
shutdown.
    a.2.a. Rated for operation at an ambient temperature above 398 K 
(+125 [deg]C);
    a.2.b. Rated for operation at an ambient temperature below 218 K 
(-55 [deg]C); or
    a.2.c. Rated for operation over the entire ambient temperature 
range from 218 K (-55 [deg]C) to 398 K (+125 [deg]C);
    Note: 3A001.a.2 does not apply to integrated circuits designed 
for civil automobile or railway train applications.
    a.3. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'' and microcontroller microcircuits, manufactured from 
a compound semiconductor and operating at a clock frequency 
exceeding 40 MHz;
    Note: 3A001.a.3 includes digital signal processors, digital 
array processors and digital coprocessors.
    a.4. [Reserved]
    a.5. Analog-to-Digital Converter (ADC) and Digital-to-Analog 
Converter (DAC) integrated circuits, as follows:
    a.5.a. ADCs having any of the following:
    a.5.a.1. A resolution of 8 bit or more, but less than 10 bit, 
with a ``sample rate'' greater than 1.3 Giga Samples Per Second 
(GSPS);
    a.5.a.2. A resolution of 10 bit or more, but less than 12 bit, 
with a ``sample rate'' greater than 600 Mega Samples Per Second 
(MSPS);
    a.5.a.3. A resolution of 12 bit or more, but less than 14 bit, 
with a ``sample rate'' greater than 400 MSPS;
    a.5.a.4. A resolution of 14 bit or more, but less than 16 bit, 
with a ``sample rate'' greater than 250 MSPS; or
    a.5.a.5. A resolution of 16 bit or more with a ``sample rate'' 
greater than 65 MSPS;
    N.B.: For integrated circuits that contain analog-to-digital 
converters and store or process the digitized data see 3A001.a.14.
    Technical Notes: For the purposes of 3A001.a.5.a:
    1. A resolution of n bit corresponds to a quantization of 2\n\ 
levels.
    2. The resolution of the ADC is the number of bits of the 
digital output that represents the measured analog input. Effective 
Number of Bits (ENOB) is not used to determine the resolution of the 
ADC.
    3. For ``multiple channel ADCs'', the ``sample rate'' is not 
aggregated and the ``sample rate'' is the maximum rate of any single 
channel.
    4. For ``interleaved ADCs'' or for ``multiple channel ADCs'' 
that are specified to have an interleaved mode of operation, the 
``sample rates'' are aggregated and the ``sample rate'' is the 
maximum combined total rate of all of the interleaved channels.
    a.5.b. Digital-to-Analog Converters (DAC) having any of the 
following:
    a.5.b.1. A resolution of 10-bit or more but less than 12-
bit,with an `adjusted update rate' of exceeding 3,500 MSPS; or
    a.5.b.2. A resolution of 12-bit or more and having any of the 
following:
    a.5.b.2.a. An `adjusted update rate' exceeding 1,250 MSPS but 
not exceeding 3,500 MSPS, and having any of the following:
    a.5.b.2.a.1. A settling time less than 9 ns to arrive at or 
within 0.024% of full scale from a full scale step; or
    a.5.b.2.a.2. A `Spurious Free Dynamic Range' (SFDR) greater than 
68 dBc (carrier) when synthesizing a full scale analog signal of 100 
MHz or the highest full scale analog signal frequency specified 
below 100 MHz; or
    a.5.b.2.b. An `adjusted update rate' exceeding 3,500 MSPS;
    Technical Notes: For the purposes of 3A001.a.5.b:
    1. `Spurious Free Dynamic Range' (SFDR) is defined as the ratio 
of the RMS value of the carrier frequency (maximum signal component) 
at the input of the DAC to the RMS value of the next largest noise 
or harmonic distortion component at its output.
    2. SFDR is determined directly from the specification table or 
from the characterization plots of SFDR versus frequency.
    3. A signal is defined to be full scale when its amplitude is 
greater than -3 dBfs (full scale).
    4. `Adjusted update rate' for DACs is:
    a. For conventional (non-interpolating) DACs, the `adjusted 
update rate' is the rate at which the digital signal is converted to 
an analog signal and the output analog values are changed by the 
DAC. For DACs where the interpolation mode may be bypassed 
(interpolation factor of one), the DAC should be considered as a 
conventional (non-interpolating) DAC.
    b. For interpolating DACs (oversampling DACs), the `adjusted 
update rate' is defined as the DAC update rate divided by the 
smallest interpolating factor. For interpolating DACs, the `adjusted 
update rate' may be referred to by different terms including:

<bullet> input data rate
<bullet> input word rate
<bullet> input sample rate
<bullet> maximum total input bus rate
<bullet> maximum DAC clock rate for DAC clock input.

    a.6. Electro-optical and ``optical integrated circuits'', 
designed for ``signal processing'' and having all of the following:
    a.6.a. One or more than one internal ``laser'' diode;
    a.6.b. One or more than one internal light detecting element; 
and
    a.6.c. Optical waveguides;
    a.7. `Field programmable logic devices' having any of the 
following:
    a.7.a. A maximum number of single-ended digital input/outputs of 
greater than 700; or
    a.7.b. An `aggregate one-way peak serial transceiver data rate' 
of 500 Gb/s or greater;
    Note: 3A001.a.7 includes:

--Complex Programmable Logic Devices (CPLDs);
--Field Programmable Gate Arrays (FPGAs);
--Field Programmable Logic Arrays (FPLAs);
--Field Programmable Interconnects (FPICs).

    N.B.: For integrated circuits having field programmable logic 
devices that are combined with an analog-to-digital converter, see 
3A001.a.14.
    Technical Notes: For the purposes of 3A001.a.7:
    1. Maximum number of digital input/outputs in 3A001.a.7.a is 
also referred to as maximum user input/outputs or maximum available 
input/outputs, whether the integrated circuit is packaged or bare 
die.
    2. `Aggregate one-way peak serial transceiver data rate' is the 
product of the peak serial one-way transceiver data rate times the 
number of transceivers on the FPGA.
    a.8. [Reserved]
    a.9. Neural network integrated circuits;
    a.10. Custom integrated circuits for which the function is 
unknown, or the control status of the equipment in which the 
integrated circuits will be used is unknown to the manufacturer, 
having any of the following:
    a.10.a. More than 1,500 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less 
than 0.02 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
    a.11. Digital integrated circuits, other than those described in 
3A001.a.3 to 3A001.a.10 and 3A001.a.12, based upon any compound 
semiconductor and having any of the following:
    a.11.a. An equivalent gate count of more than 3,000 (2 input 
gates); or
    a.11.b. A toggle frequency exceeding 1.2 GHz;
    a.12. Fast Fourier Transform (FFT) processors having a rated 
execution time for an N-point complex FFT of less than (N 
log<INF>2</INF> N)/20,480 ms, where N is the number of points;
    Technical Note: For the purposes of 3A001.a.12, when N is equal 
to 1,024 points, the formula in 3A001.a.12 gives an execution time 
of 500 [mu]s.
    a.13. Direct Digital Synthesizer (DDS) integrated circuits 
having any of the following:
    a.13.a. A Digital-to-Analog Converter (DAC) clock frequency of 
3.5 GHz or more and a DAC resolution of 10 bit or more, but less 
than 12 bit; or
    a.13.b. A DAC clock frequency of 1.25 GHz or more and a DAC 
resolution of 12 bit or more;
    Technical Note: For the purposes of 3A001.a.13, the DAC clock 
frequency may be specified as the master clock frequency or the 
input clock frequency.
    a.14. Integrated circuits that perform or are programmable to 
perform all of the following:
    a.14.a. Analog-to-digital conversions meeting any of the 
following:
    a.14.a.1. A resolution of 8 bit or more, but less than 10 bit, 
with a ``sample rate'' greater than 1.3 Giga Samples Per Second 
(GSPS);
    a.14.a.2. A resolution of 10 bit or more, but less than 12 bit, 
with a ``sample rate'' greater than 1.0 GSPS;
    a.14.a.3. A resolution of 12 bit or more, but less than 14 bit, 
with a ``sample rate'' greater than 1.0 GSPS;
    a.14.a.4. A resolution of 14 bit or more, but less than 16 bit, 
with a ``sample rate'' greater than 400 Mega Samples Per Second 
(MSPS); or
    a.14.a.5. A resolution of 16 bit or more with a ``sample rate'' 
greater than 180 MSPS; and
    a.14.b. Any of the following:
    a.14.b.1. Storage of digitized data; or
    a.14.b.2. Processing of digitized data;
    N.B. 1: For analog-to-digital converter integrated circuits see 
3A001.a.5.a.
    N.B. 2: For field programmable logic devices see 3A001.a.7.
    Technical Notes: For the purposes of 3A001.a.14:

[[Page 71951]]

    1. A resolution of n bit corresponds to a quantization of 2\n\ 
levels.
    2. The resolution of the ADC is the number of bits of the 
digital output of the ADC that represents the measured analog input. 
Effective Number of Bits (ENOB) is not used to determine the 
resolution of the ADC.
    3. For integrated circuits with non-interleaving ``multiple 
channel ADCs'', the ``sample rate'' is not aggregated and the 
``sample rate'' is the maximum rate of any single channel.
    4. For integrated circuits with ``interleaved ADCs'' or with 
``multiple channel ADCs'' that are specified to have an interleaved 
mode of operation, the ``sample rates'' are aggregated and the 
``sample rate'' is the maximum combined total rate of all of the 
interleaved channels.
    b. Microwave or millimeter wave items, as follows:
    Technical Note: For the purposes of 3A001.b, the parameter peak 
saturated power output may also be referred to on product data 
sheets as output power, saturated power output, maximum power 
output, peak power output, or peak envelope power output.
    b.1. ``Vacuum electronic devices'' and cathodes, as follows:
    Note 1: 3A001.b.1 does not control ``vacuum electronic devices'' 
designed or rated for operation in any frequency band and having all 
of the following:
    a. Does not exceed 31.8 GHz; and
    b. Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.
    Note 2: 3A001.b.1 does not control non-``space-qualified'' 
``vacuum electronic devices'' having all the following:
    a. An average output power equal to or less than 50 W; and
    b. Designed or rated for operation in any frequency band and 
having all of the following:
    1. Exceeds 31.8 GHz but does not exceed 43.5 GHz; and
    2. Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.
    b.1.a. Traveling-wave ``vacuum electronic devices,'' pulsed or 
continuous wave, as follows:
    b.1.a.1. Devices operating at frequencies exceeding 31.8 GHz;
    b.1.a.2. Devices having a cathode heater with a turn on time to 
rated RF power of less than 3 seconds;
    b.1.a.3. Coupled cavity devices, or derivatives thereof, with a 
``fractional bandwidth'' of more than 7% or a peak power exceeding 
2.5 kW;
    b.1.a.4. Devices based on helix, folded waveguide, or serpentine 
waveguide circuits, or derivatives thereof, having any of the 
following:
    b.1.a.4.a. An ``instantaneous bandwidth'' of more than one 
octave, and average power (expressed in kW) times frequency 
(expressed in GHz) of more than 0.5;
    b.1.a.4.b. An ``instantaneous bandwidth'' of one octave or less, 
and average power (expressed in kW) times frequency (expressed in 
GHz) of more than 1;
    b.1.a.4.c. Being ``space-qualified''; or
    b.1.a.4.d. Having a gridded electron gun;
    b.1.a.5. Devices with a ``fractional bandwidth'' greater than or 
equal to 10%, with any of the following:
    b.1.a.5.a. An annular electron beam;
    b.1.a.5.b. A non-axisymmetric electron beam; or
    b.1.a.5.c. Multiple electron beams;
    b.1.b. Crossed-field amplifier ``vacuum electronic devices'' 
with a gain of more than 17 dB;
    b.1.c. Thermionic cathodes, designed for ``vacuum electronic 
devices,'' producing an emission current density at rated operating 
conditions exceeding 5 A/cm\2\ or a pulsed (non-continuous) current 
density at rated operating conditions exceeding 10 A/cm\2\;
    b.1.d. ``Vacuum electronic devices'' with the capability to 
operate in a `dual mode.'
    Technical Note: For the purposes of 3A001.b.1.d, `dual mode' 
means the ``vacuum electronic device'' beam current can be 
intentionally changed between continuous-wave and pulsed mode 
operation by use of a grid and produces a peak pulse output power 
greater than the continuous-wave output power.
    b.2. ``Monolithic Microwave Integrated Circuit'' (``MMIC'') 
amplifiers that are any of the following:
    N.B.: For ``MMIC'' amplifiers that have an integrated phase 
shifter see 3A001.b.12.
    b.2.a. Rated for operation at frequencies exceeding 2.7 GHz up 
to and including 6.8 GHz with a ``fractional bandwidth'' greater 
than 15%, and having any of the following:
    b.2.a.1. A peak saturated power output greater than 75 W (48.75 
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    b.2.a.2. A peak saturated power output greater than 55 W (47.4 
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    b.2.a.3. A peak saturated power output greater than 40 W (46 
dBm) at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; 
or
    b.2.a.4. A peak saturated power output greater than 20 W (43 
dBm) at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    b.2.b. Rated for operation at frequencies exceeding 6.8 GHz up 
to and including 16 GHz with a ``fractional bandwidth'' greater than 
10%, and having any of the following:
    b.2.b.1. A peak saturated power output greater than 10 W (40 
dBm) at any frequency exceeding 6.8 GHz up to and including 8.5 GHz; 
or
    b.2.b.2. A peak saturated power output greater than 5 W (37 dBm) 
at any frequency exceeding 8.5 GHz up to and including 16 GHz;
    b.2.c. Rated for operation with a peak saturated power output 
greater than 3 W (34.77 dBm) at any frequency exceeding 16 GHz up to 
and including 31.8 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.2.d. Rated for operation with a peak saturated power output 
greater than 0.1 nW (-70 dBm) at any frequency exceeding 31.8 GHz up 
to and including 37 GHz;
    b.2.e. Rated for operation with a peak saturated power output 
greater than 1 W (30 dBm) at any frequency exceeding 37 GHz up to 
and including 43.5 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.2.f. Rated for operation with a peak saturated power output 
greater than 31.62 mW (15 dBm) at any frequency exceeding 43.5 GHz 
up to and including 75 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.2.g. Rated for operation with a peak saturated power output 
greater than 10 mW (10 dBm) at any frequency exceeding 75 GHz up to 
and including 90 GHz, and with a ``fractional bandwidth'' of greater 
than 5%; or
    b.2.h. Rated for operation with a peak saturated power output 
greater than 0.1 nW (-70 dBm) at any frequency exceeding 90 GHz;
    Note 1: [Reserved]
    Note 2: The control status of the ``MMIC'' whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.2.a through 3A001.b.2.h, is determined 
by the lowest peak saturated power output control threshold.
    Note 3: Notes 1 and 2 following the Category 3 heading for 
product group A. Systems, Equipment, and Components mean that 
3A001.b.2 does not control ``MMICs'' if they are ``specially 
designed'' for other applications, e.g., telecommunications, radar, 
automobiles.
    b.3. Discrete microwave transistors that are any of the 
following:
    b.3.a. Rated for operation at frequencies exceeding 2.7 GHz up 
to and including 6.8 GHz and having any of the following:
    b.3.a.1. A peak saturated power output greater than 400 W (56 
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    b.3.a.2. A peak saturated power output greater than 205 W (53.12 
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    b.3.a.3. A peak saturated power output greater than 115 W (50.61 
dBm) at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; 
or
    b.3.a.4. A peak saturated power output greater than 60 W (47.78 
dBm) at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    b.3.b. Rated for operation at frequencies exceeding 6.8 GHz up 
to and including 31.8 GHz and having any of the following:
    b.3.b.1. A peak saturated power output greater than 50 W (47 
dBm) at any frequency exceeding 6.8 GHz up to and including 8.5 GHz;
    b.3.b.2. A peak saturated power output greater than 15 W (41.76 
dBm) at any frequency exceeding 8.5 GHz up to and including 12 GHz;
    b.3.b.3. A peak saturated power output greater than 40 W (46 
dBm) at any frequency exceeding 12 GHz up to and including 16 GHz; 
or
    b.3.b.4. A peak saturated power output greater than 7 W (38.45 
dBm) at any frequency exceeding 16 GHz up to and including 31.8 GHz;
    b.3.c. Rated for operation with a peak saturated power output 
greater than 0.5 W (27 dBm) at any frequency exceeding 31.8 GHz up 
to and including 37 GHz;

[[Page 71952]]

    b.3.d. Rated for operation with a peak saturated power output 
greater than 1 W (30 dBm) at any frequency exceeding 37 GHz up to 
and including 43.5 GHz;
    b.3.e. Rated for operation with a peak saturated power output 
greater than 0.1 nW (-70 dBm) at any frequency exceeding 43.5 GHz; 
or
    b.3.f. Other than those specified by 3A001.b.3.a to 3A001.b.3.e 
and rated for operation with a peak saturated power output greater 
than 5 W (37.0 dBm) at all frequencies exceeding 8.5 GHz up to and 
including 31.8 GHz;
    Note 1: The control status of a transistor in 3A001.b.3.a 
through 3A001.b.3.e, whose rated operating frequency includes 
frequencies listed in more than one frequency range, as defined by 
3A001.b.3.a through 3A001.b.3.e, is determined by the lowest peak 
saturated power output control threshold.
    Note 2: 3A001.b.3 includes bare dice, dice mounted on carriers, 
or dice mounted in packages. Some discrete transistors may also be 
referred to as power amplifiers, but the status of these discrete 
transistors is determined by 3A001.b.3.
    b.4. Microwave solid state amplifiers and microwave assemblies/
modules containing microwave solid state amplifiers, that are any of 
the following:
    b.4.a. Rated for operation at frequencies exceeding 2.7 GHz up 
to and including 6.8 GHz with a ``fractional bandwidth'' greater 
than 15%, and having any of the following:
    b.4.a.1. A peak saturated power output greater than 500 W (57 
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    b.4.a.2. A peak saturated power output greater than 270 W (54.3 
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    b.4.a.3. A peak saturated power output greater than 200 W (53 
dBm) at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; 
or
    b.4.a.4. A peak saturated power output greater than 90 W (49.54 
dBm) at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    b.4.b. Rated for operation at frequencies exceeding 6.8 GHz up 
to and including 31.8 GHz with a ``fractional bandwidth'' greater 
than 10%, and having any of the following:
    b.4.b.1. A peak saturated power output greater than 70 W (48.45 
dBm) at any frequency exceeding 6.8 GHz up to and including 8.5 GHz;
    b.4.b.2. A peak saturated power output greater than 50 W (47 
dBm) at any frequency exceeding 8.5 GHz up to and including 12 GHz;
    b.4.b.3. A peak saturated power output greater than 30 W (44.77 
dBm) at any frequency exceeding 12 GHz up to and including 16 GHz; 
or
    b.4.b.4. A peak saturated power output greater than 20 W (43 
dBm) at any frequency exceeding 16 GHz up to and including 31.8 GHz;
    b.4.c. Rated for operation with a peak saturated power output 
greater than 0.5 W (27 dBm) at any frequency exceeding 31.8 GHz up 
to and including 37 GHz;
    b.4.d. Rated for operation with a peak saturated power output 
greater than 2 W (33 dBm) at any frequency exceeding 37 GHz up to 
and including 43.5 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.4.e. Rated for operation at frequencies exceeding 43.5 GHz and 
having any of the following:
    b.4.e.1. A peak saturated power output greater than 0.2 W (23 
dBm) at any frequency exceeding 43.5 GHz up to and including 75 GHz, 
and with a ``fractional bandwidth'' of greater than 10%;
    b.4.e.2. A peak saturated power output greater than 20 mW (13 
dBm) at any frequency exceeding 75 GHz up to and including 90 GHz, 
and with a ``fractional bandwidth'' of greater than 5%; or
    b.4.e.3. A peak saturated power output greater than 0.1 nW (-70 
dBm) at any frequency exceeding 90 GHz; or
    b.4.f. [Reserved]
    N.B.:
    1. For ``MMIC'' amplifiers see 3A001.b.2.
    2. For `transmit/receive modules' and `transmit modules' see 
3A001.b.12.
    3. For converters and harmonic mixers, designed to extend the 
operating or frequency range of signal analyzers, signal generators, 
network analyzers or microwave test receivers, see 3A001.b.7.
    Note 1: [Reserved]
    Note 2: The control status of an item whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.4.a through 3A001.b.4.e, is determined 
by the lowest peak saturated power output control threshold.
    b.5. Electronically or magnetically tunable band-pass or band-
stop filters, having more than 5 tunable resonators capable of 
tuning across a 1.5:1 frequency band (f<INF>max</INF>/
f<INF>min</INF>) in less than 10 [mu]s and having any of the 
following:
    b.5.a. A band-pass bandwidth of more than 0.5% of center 
frequency; or
    b.5.b. A band-stop bandwidth of less than 0.5% of center 
frequency;
    b.6. [Reserved]
    b.7. Converters and harmonic mixers, that are any of the 
following:
    b.7.a. Designed to extend the frequency range of ``signal 
analyzers'' beyond 90 GHz;
    b.7.b. Designed to extend the operating range of signal 
generators as follows:
    b.7.b.1. Beyond 90 GHz;
    b.7.b.2. To an output power greater than 100 mW (20 dBm) 
anywhere within the frequency range exceeding 43.5 GHz but not 
exceeding 90 GHz;
    b.7.c. Designed to extend the operating range of network 
analyzers as follows:
    b.7.c.1. Beyond 110 GHz;
    b.7.c.2. To an output power greater than 31.62 mW (15 dBm) 
anywhere within the frequency range exceeding 43.5 GHz but not 
exceeding 90 GHz;
    b.7.c.3. To an output power greater than 1 mW (0 dBm) anywhere 
within the frequency range exceeding 90 GHz but not exceeding 110 
GHz; or
    b.7.d. Designed to extend the frequency range of microwave test 
receivers beyond 110 GHz;
    b.8. Microwave power amplifiers containing ``vacuum electronic 
devices'' controlled by 3A001.b.1 and having all of the following:
    b.8.a. Operating frequencies above 3 GHz;
    b.8.b. An average output power to mass ratio exceeding 80 W/kg; 
and
    b.8.c. A volume of less than 400 cm\3\;
    Note: 3A001.b.8 does not control equipment designed or rated for 
operation in any frequency band which is ``allocated by the ITU'' 
for radio-communications services, but not for radio-determination.
    b.9. Microwave Power Modules (MPM) consisting of, at least, a 
traveling-wave ``vacuum electronic device,'' a ``Monolithic 
Microwave Integrated Circuit'' (``MMIC'') and an integrated 
electronic power conditioner and having all of the following:
    b.9.a. A `turn-on time' from off to fully operational in less 
than 10 seconds;
    b.9.b. A volume less than the maximum rated power in Watts 
multiplied by 10 cm\3\/W; and
    b.9.c. An ``instantaneous bandwidth'' greater than 1 octave 
(f<INF>max</INF> > 2f<INF>min</INF>) and having any of the 
following:
    b.9.c.1. For frequencies equal to or less than 18 GHz, an RF 
output power greater than 100 W; or
    b.9.c.2. A frequency greater than 18 GHz;
    Technical Notes: For the purposes of 3A001.b.9:
    1. To calculate the volume in 3A001.b.9.b, the following example 
is provided: for a maximum rated power of 20 W, the volume would be: 
20 W X 10 cm3/W = 200 cm3.
    2. The `turn-on time' in 3A001.b.9.a refers to the time from 
fully-off to fully operational, i.e., it includes the warm-up time 
of the MPM.
    b.10. Oscillators or oscillator assemblies, specified to operate 
with a single sideband (SSB) phase noise, in dBc/Hz, less (better) 
than -(126 + 20log<INF>10</INF>F-20log<INF>10</INF>f) anywhere 
within the range of 10 Hz <= F <= 10 kHz;
    Technical Note: For the purposes of 3A001.b.10, F is the offset 
from the operating frequency in Hz and f is the operating frequency 
in MHz.
    b.11. `Frequency synthesizer' ``electronic assemblies'' having a 
``frequency switching time'' as specified by any of the following:
    b.11.a. Less than 143 ps;
    b.11.b. Less than 100 [mu]s for any frequency change exceeding 
2.2 GHz within the synthesized frequency range exceeding 4.8 GHz but 
not exceeding 31.8 GHz;
    b.11.c. [Reserved]
    b.11.d. Less than 500 [micro]s for any frequency change 
exceeding 550 MHz within the synthesized frequency range exceeding 
31.8 GHz but not exceeding 37 GHz;
    b.11.e. Less than 100 [micro]s for any frequency change 
exceeding 2.2 GHz within the synthesized frequency range exceeding 
37 GHz but not exceeding 75 GHz;
    b.11.f. Less than 100 [micro]s for any frequency change 
exceeding 5.0 GHz within the synthesized frequency range exceeding 
75 GHz but not exceeding 90 GHz; or
    b.11.g. Less than 1 ms within the synthesized frequency range 
exceeding 90 GHz;
    Technical Note: For the purposes of 3A001.b.11, a `frequency 
synthesizer' is any kind of frequency source, regardless of the 
actual technique used, providing a

[[Page 71953]]

multiplicity of simultaneous or alternative output frequencies, from 
one or more outputs, controlled by, derived from or disciplined by a 
lesser number of standard (or master) frequencies.
    N.B.: For general purpose ``signal analyzers'', signal 
generators, network analyzers and microwave test receivers, see 
3A002.c, 3A002.d, 3A002.e and 3A002.f, respectively.
    b.12. `Transmit/receive modules,' `transmit/receive MMICs,' 
`transmit modules,' and `transmit MMICs,' rated for operation at 
frequencies above 2.7 GHz and having all of the following:
    b.12.a. A peak saturated power output (in watts), 
P<INF>sat</INF>, greater than 505.62 divided by the maximum 
operating frequency (in GHz) squared [P<INF>sat</INF>>505.62 
W*GHz\2\/f<INF>GHz</INF>\2\] for any channel;
    b.12.b. A ``fractional bandwidth'' of 5% or greater for any 
channel;
    b.12.c. Any planar side with length d (in cm) equal to or less 
than 15 divided by the lowest operating frequency in GHz [d <= 
15cm*GHz*N/f<INF>GHz</INF>] where N is the number of transmit or 
transmit/receive channels; and
    b.12.d. An electronically variable phase shifter per channel.
    Technical Notes: For the purposes of 3A001.b.12:
    1. A `transmit/receive module' is a multifunction ``electronic 
assembly'' that provides bi-directional amplitude and phase control 
for transmission and reception of signals.
    2. A `transmit module' is an ``electronic assembly'' that 
provides amplitude and phase control for transmission of signals.
    3. A `transmit/receive MMIC' is a multifunction ``MMIC'' that 
provides bi-directional amplitude and phase control for transmission 
and reception of signals.
    4. A `transmit MMIC' is a ``MMIC'' that provides amplitude and 
phase control for transmission of signals.
    5. 2.7 GHz should be used as the lowest operating frequency 
(fGHz) in the formula in 3A001.b.12.c for transmit/receive or 
transmit modules that have a rated operation range extending 
downward to 2.7 GHz and below [d<=15cm*GHz*N/2.7 GHz].
    6. 3A001.b.12 applies to `transmit/receive modules' or `transmit 
modules' with or without a heat sink. The value of d in 3A001.b.12.c 
does not include any portion of the `transmit/receive module' or 
`transmit module' that functions as a heat sink.
    7. `Transmit/receive modules' or `transmit modules,' `transmit/
receive MMICs' or `transmit MMICs' may or may not have N integrated 
radiating antenna elements where N is the number of transmit or 
transmit/receive channels.
    c. Acoustic wave devices as follows and ``specially designed'' 
``components'' therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices, having any of the following:
    c.1.a. A carrier frequency exceeding 6 GHz;
    c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding 6 
GHz and having any of the following:
    c.1.b.1. A `frequency side-lobe rejection' exceeding 65 dB;
    c.1.b.2. A product of the maximum delay time and the bandwidth 
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.b.3. A bandwidth greater than 250 MHz; or
    c.1.b.4. A dispersive delay of more than 10 [micro]s; or
    c.1.c. A carrier frequency of 1 GHz or less and having any of 
the following:
    c.1.c.1. A product of the maximum delay time and the bandwidth 
(time in [micro]s and bandwidth in MHz) of more than 100;
    c.1.c.2. A dispersive delay of more than 10 [micro]s; or
    c.1.c.3. A `frequency side-lobe rejection' exceeding 65 dB and a 
bandwidth greater than 100 MHz;
    Technical Note: For the purposes of 3A001.c.1, `frequency side-
lobe rejection' is the maximum rejection value specified in data 
sheet.
    c.2. Bulk (volume) acoustic wave devices that permit the direct 
processing of signals at frequencies exceeding 6 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing 
interaction between acoustic waves (bulk wave or surface wave) and 
light waves that permit the direct processing of signals or images, 
including spectral analysis, correlation or convolution;
    Note: 3A001.c does not control acoustic wave devices that are 
limited to a single band pass, low pass, high pass or notch 
filtering, or resonating function.
    d. Electronic devices and circuits containing ``components,'' 
manufactured from ``superconductive'' materials, ``specially 
designed'' for operation at temperatures below the ``critical 
temperature'' of at least one of the ``superconductive'' 
constituents and having any of the following:
    d.1. Current switching for digital circuits using 
``superconductive'' gates with a product of delay time per gate (in 
seconds) and power dissipation per gate (in watts) of less than 
10<SUP>-14</SUP> J; or
    d.2. Frequency selection at all frequencies using resonant 
circuits with Q-values exceeding 10,000;
    e. High energy devices as follows:
    e.1. `Cells' as follows:
    e.1.a `Primary cells' having any of the following at 20[deg]C:
    e.1.a.1. `Energy density' exceeding 550 Wh/kg and a `continuous 
power density' exceeding 50 W/kg; or
    e.1.a.2. `Energy density' exceeding 50 Wh/kg and a `continuous 
power density' exceeding 350 W/kg;
    e.1.b. `Secondary cells' having an `energy density' exceeding 
350 Wh/kg at 20[deg]C;
    Technical Notes:
    1. For the purposes of 3A001.e.1, `energy density' (Wh/kg) is 
calculated from the nominal voltage multiplied by the nominal 
capacity in ampere-hours (Ah) divided by the mass in kilograms. If 
the nominal capacity is not stated, energy density is calculated 
from the nominal voltage squared then multiplied by the discharge 
duration in hours divided by the discharge load in Ohms and the mass 
in kilograms.
    2. For the purposes of 3A001.e.1, a `cell' is defined as an 
electrochemical device, which has positive and negative electrodes, 
an electrolyte, and is a source of electrical energy. It is the 
basic building block of a battery.
    3. For the purposes of 3A001.e.1.a, a `primary cell' is a `cell' 
that is not designed to be charged by any other source.
    4. For the purposes of 3A001.e.1.b, a `secondary cell' is a 
`cell' that is designed to be charged by an external electrical 
source.
    5. For the purposes of 3A001.e.1.a, `continuous power density' 
(W/kg) is calculated from the nominal voltage multiplied by the 
specified maximum continuous discharge current in amperes (A) 
divided by the mass in kilograms. `Continuous power density' is also 
referred to as specific power.
    Note: 3A001.e does not control batteries, including single-cell 
batteries.
    e.2. High energy storage capacitors as follows:
    e.2.a. Capacitors with a repetition rate of less than 10 Hz 
(single shot capacitors) and having all of the following:
    e.2.a.1. A voltage rating equal to or more than 5 kV;
    e.2.a.2. An energy density equal to or more than 250 J/kg; and
    e.2.a.3. A total energy equal to or more than 25 kJ;
    e.2.b. Capacitors with a repetition rate of 10 Hz or more 
(repetition rated capacitors) and having all of the following:
    e.2.b.1. A voltage rating equal to or more than 5 kV;
    e.2.b.2. An energy density equal to or more than 50 J/kg;
    e.2.b.3. A total energy equal to or more than 100 J; and
    e.2.b.4. A charge/discharge cycle life equal to or more than 
10,000;
    e.3. ``Superconductive'' electromagnets and solenoids, 
``specially designed'' to be fully charged or discharged in less 
than one second and having all of the following:
    Note: 3A001.e.3 does not control ``superconductive'' 
electromagnets or solenoids ``specially designed'' for Magnetic 
Resonance Imaging (MRI) medical equipment.
    e.3.a. Energy delivered during the discharge exceeding 10 kJ in 
the first second;
    e.3.b. Inner diameter of the current carrying windings of more 
than 250 mm; and
    e.3.c. Rated for a magnetic induction of more than 8 T or 
``overall current density'' in the winding of more than 300 A/mm\2\;
    e.4. Solar cells, cell-interconnect-coverglass (CIC) assemblies, 
solar panels, and solar arrays, which are ``space-qualified,'' 
having a minimum average efficiency exceeding 20% at an operating 
temperature of 301 K (28 [deg]C) under simulated `AM0' illumination 
with an irradiance of 1,367 Watts per square meter (W/m\2\);
    Technical Note: For the purposes of 3A001.e.4, `AM0', or `Air 
Mass Zero', refers to the spectral irradiance of sun light in the 
earth's outer atmosphere when the distance between the earth and sun 
is one astronomical unit (AU).
    f. Rotary input type absolute position encoders having an 
``accuracy'' equal to or less (better) than 1.0 second of arc and 
``specially designed'' encoder rings, discs or scales therefor;
    g. Solid-state pulsed power switching thyristor devices and 
`thyristor modules',

[[Page 71954]]

using either electrically, optically, or electron radiation 
controlled switch methods and having any of the following:
    g.1. A maximum turn-on current rate of rise (di/dt) greater than 
30,000 A/[mu]s and off-state voltage greater than 1,100 V; or
    g.2. A maximum turn-on current rate of rise (di/dt) greater than 
2,000 A/[mu]s and having all of the following:
    g.2.a. An off-state peak voltage equal to or greater than 3,000 
V; and
    g.2.b. A peak (surge) current equal to or greater than 3,000 A;
    Note 1: 3A001.g. includes:

--Silicon Controlled Rectifiers (SCRs)
--Electrical Triggering Thyristors (ETTs)
--Light Triggering Thyristors (LTTs)
--Integrated Gate Commutated Thyristors (IGCTs)
--Gate Turn-off Thyristors (GTOs)
--MOS Controlled Thyristors (MCTs)
--Solidtrons

    Note 2: 3A001.g does not control thyristor devices and 
`thyristor modules' incorporated into equipment designed for civil 
railway or ``civil aircraft'' applications.
    Technical Note: For the purposes of 3A001.g, a `thyristor 
module' contains one or more thyristor devices.
    h. Solid-state power semiconductor switches, diodes, or 
`modules', having all of the following:
    h.1. Rated for a maximum operating junction temperature greater 
than 488 K (215[deg]C);
    h.2. Repetitive peak off-state voltage (blocking voltage) 
exceeding 300 V; and
    h.3. Continuous current greater than 1 A.
    Technical Note: For the purposes of 3A001.h, `modules' contain 
one or more solid-state power semiconductor switches or diodes.
    Note 1: Repetitive peak off-state voltage in 3A001.h includes 
drain to source voltage, collector to emitter voltage, repetitive 
peak reverse voltage and peak repetitive off-state blocking voltage.
    Note 2: 3A001.h includes:

--Junction Field Effect Transistors (JFETs)
--Vertical Junction Field Effect Transistors (VJFETs)
--Metal Oxide Semiconductor Field Effect Transistors (MOSFETs)
--Double Diffused Metal Oxide Semiconductor Field Effect Transistor 
(DMOSFET)
--Insulated Gate Bipolar Transistor (IGBT)
--High Electron Mobility Transistors (HEMTs)
--Bipolar Junction Transistors (BJTs)
    --Thyristors and Silicon Controlled Rectifiers (SCRs)
    --Gate Turn-Off Thyristors (GTOs)
    --Emitter Turn-Off Thyristors (ETOs)
    --PiN Diodes
    --Schottky Diodes

    Note 3: 3A001.h does not apply to switches, diodes, or 
`modules', incorporated into equipment designed for civil 
automobile, civil railway, or ``civil aircraft'' applications.
    i. Intensity, amplitude, or phase electro-optic modulators, 
designed for analog signals and having any of the following:
    i.1. A maximum operating frequency of more than 10 GHz but less 
than 20 GHz, an optical insertion loss equal to or less than 3 dB 
and having any of the following:
    i.1.a. A `half-wave voltage' (`V[pi]') less than 2.7 V when 
measured at a frequency of 1 GHz or below; or
    i.1.b. A `V[pi]' of less than 4 V when measured at a frequency 
of more than 1 GHz; or
    i.2. A maximum operating frequency equal to or greater than 20 
GHz, an optical insertion loss equal to or less than 3 dB and having 
any of the following:
    i.2.a. A `V[pi]' less than 3.3 V when measured at a frequency of 
1 GHz or below; or
    i.2.b. A `V[pi]' less than 5 V when measured at a frequency of 
more than 1 GHz.
    Note: 3A001.i includes electro-optic modulators having optical 
input and output connectors (e.g., fiber-optic pigtails).
    Technical Note: For the purposes of 3A001.i, a `half-wave 
voltage' (`V[pi]') is the applied voltage necessary to make a phase 
change of 180 degrees in the wavelength of light propagating through 
the optical modulator.
* * * * *
3A002 General purpose ``electronic assemblies,'' modules and 
equipment, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
MT applies to 3A002.h when the parameters   MT Column 1
 in 3A101.a.2.b are met or exceeded.
AT applies to entire entry................  AT Column 1
 

    Reporting Requirements: See Sec.  743.1 of the EAR for reporting 
requirements for exports under License Exceptions, and Validated 
End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $3000: 3A002.a, .e, .f, and .g
$5000: 3A002.c to .d, and .h (unless controlled for MT);
GBS: Yes, for 3A002.h (unless controlled for MT)

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in 
3A002.g.1 to any of the destinations listed in Country Group A:6 
(See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See Category XV(e)(9) of the USML for certain 
``space-qualified'' atomic frequency standards ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). See also 3A101, 3A992 and 
9A515.x.
Related Definitions: Constant percentage bandwidth filters are also 
known as octave or fractional octave filters.
Items:

    a. Recording equipment and oscilloscopes, as follows:
    a.1. to a.5. [Reserved]
    N.B.: For waveform digitizers and transient recorders, see 
3A002.h.
    a.6. Digital data recorders having all of the following:
    a.6.a. A sustained `continuous throughput' of more than 6.4 
Gbit/s to disk or solid-state drive memory; and
    a.6.b. ``Signal processing'' of the radio frequency signal data 
while it is being recorded;
    Technical Notes: For the purposes of 3A002.a.6:
    1. For recorders with a parallel bus architecture, the 
`continuous throughput' rate is the highest word rate multiplied by 
the number of bits in a word.
    2. `Continuous throughput' is the fastest data rate the 
instrument can record to disk or solid-state drive memory without 
the loss of any information while sustaining the input digital data 
rate or digitizer conversion rate.
    a.7. Real-time oscilloscopes having a vertical root-mean-square 
(rms) noise voltage of less than 2% of full-scale at the vertical 
scale setting that provides the lowest noise value for any input 3dB 
bandwidth of 60 GHz or greater per channel;
    Note: 3A002.a.7 does not apply to equivalent-time sampling 
oscilloscopes.
    b. [Reserved]
    c. ``Signal analyzers'' as follows:
    c.1. ``Signal analyzers'' having a 3 dB resolution bandwidth 
(RBW) exceeding 40 MHz anywhere within the frequency range exceeding 
31.8 GHz but not exceeding 37 GHz;
    c.2. ``Signal analyzers'' having a Displayed Average Noise Level 
(DANL) less (better) than -150 dBm/Hz anywhere within the frequency 
range exceeding 43.5 GHz but not exceeding 90 GHz;
    c.3. ``Signal analyzers'' having a frequency exceeding 90 GHz;
    c.4. ``Signal analyzers'' having all of the following:
    c.4.a. `Real-time bandwidth' exceeding 170 MHz; and
    c.4.b. Having any of the following:
    c.4.b.1. 100% probability of discovery, with less than a 3 dB 
reduction from full amplitude due to gaps or windowing effects, of 
signals having a duration of 15 [mu]s or less; or
    c.4.b.2. A `frequency mask trigger' function, with 100% 
probability of trigger (capture) for signals having a duration of 15 
[mu]s or less;
    Technical Notes:
    1. For the purposes of 3A002.c.4.a, `real-time bandwidth' is the 
widest frequency range for which the analyzer can continuously 
transform time-domain data entirely into frequency-domain results, 
using a Fourier or other discrete time transform that processes 
every incoming time point, without a reduction of measured amplitude 
of more than 3 dB below the actual signal amplitude caused by gaps 
or windowing effects, while outputting or displaying the transformed 
data.
    2. For the purposes of 3A002.c.4.b.1., probability of discovery 
is also referred to as probability of intercept or probability of 
capture.

[[Page 71955]]

    3. For the purposes of 3A002.c.4.b.1, the duration for 100% 
probability of discovery is equivalent to the minimum signal 
duration necessary for the specified level measurement uncertainty.
    4. For the purposes of 3A002.c.4.b.2, a `frequency mask trigger' 
is a mechanism where the trigger function is able to select a 
frequency range to be triggered on as a subset of the acquisition 
bandwidth while ignoring other signals that may also be present 
within the same acquisition bandwidth. A `frequency mask trigger' 
may contain more than one independent set of limits.
    Note: 3A002.c.4 does not apply to those ``signal analyzers'' 
using only constant percentage bandwidth filters (also known as 
octave or fractional octave filters).
    c.5. [Reserved]
    d. Signal generators having any of the following:
    d.1. Specified to generate pulse-modulated signals having all of 
the following, anywhere within the frequency range exceeding 31.8 
GHz but not exceeding 37 GHz:
    d.1.a. `Pulse duration' of less than 25 ns; and
    d.1.b. On/off ratio equal to or exceeding 65 dB;
    d.2. An output power exceeding 100 mW (20 dBm) anywhere within 
the frequency range exceeding 43.5 GHz but not exceeding 90 GHz;
    d.3. A ``frequency switching time'' as specified by any of the 
following:
    d.3.a. [Reserved]
    d.3.b. Less than 100 [mu]s for any frequency change exceeding 
2.2 GHz within the frequency range exceeding 4.8 GHz but not 
exceeding 31.8 GHz;
    d.3.c. [Reserved]
    d.3.d. Less than 500 [mu]s for any frequency change exceeding 
550 MHz within the frequency range exceeding 31.8 GHz but not 
exceeding 37 GHz;
    d.3.e. Less than 100 [mu]s for any frequency change exceeding 
2.2 GHz within the frequency range exceeding 37 GHz but not 
exceeding 75 GHz; or
    d.3.f. [Reserved]
    d.3.g. Less than 100 [mu]s for any frequency change exceeding 
5.0 GHz within the frequency range exceeding 75 GHz but not 
exceeding 90 GHz.
    d.4. A single sideband (SSB) phase noise, in dBc/Hz, specified 
as being any of the following:
    d.4.a. Less (better) than -(126 + 20 log<INF>10</INF> F-
20log<INF>10</INF>f) for anywhere within the range of 10 Hz <= F <= 
10 kHz anywhere within the frequency range exceeding 3.2 GHz but not 
exceeding 90 GHz; or
    d.4.b. Less (better) than -(206-20log<INF>10</INF>f) for 
anywhere within the range of 10 kHz < F <= 100 kHz anywhere within 
the frequency range exceeding 3.2 GHz but not exceeding 90 GHz;
    Technical Note: For the purposes of 3A002.d.4, F is the offset 
from the operating frequency in Hz and f is the operating frequency 
in MHz.
    d.5. An `RF modulation bandwidth' of digital baseband signals as 
specified by any of the following:
    d.5.a. Exceeding 2.2 GHz within the frequency range exceeding 
4.8 GHz but not exceeding 31.8 GHz;
    d.5.b. Exceeding 550 MHz within the frequency range exceeding 
31.8 GHz but not exceeding 37 GHz;
    d.5.c. Exceeding 2.2 GHz within the frequency range exceeding 37 
GHz but not exceeding 75 GHz;
    d.5.d. Exceeding 5.0 GHz within the frequency range exceeding 75 
GHz but not exceeding 90 GHz; or
    Technical Note: For the purposes of 3A002.d.5, `RF modulation 
bandwidth' is the Radio Frequency (RF) bandwidth occupied by a 
digitally encoded baseband signal modulated onto an RF signal. It is 
also referred to as information bandwidth or vector modulation 
bandwidth. I/Q digital modulation is the technical method for 
producing a vector-modulated RF output signal, and that output 
signal is typically specified as having an `RF modulation 
bandwidth'.
    d.6. A maximum frequency exceeding 90 GHz;
    Note 1: For the purposes of 3A002.d, signal generators include 
arbitrary waveform and function generators.
    Note 2: 3A002.d does not control equipment in which the output 
frequency is either produced by the addition or subtraction of two 
or more crystal oscillator frequencies, or by an addition or 
subtraction followed by a multiplication of the result.
    Technical Notes:
    1. For the purposes of 3A002.d, the maximum frequency of an 
arbitrary waveform or function generator is calculated by dividing 
the sample rate, in samples/second, by a factor of 2.5.
    2. For the purposes of 3A002.d.1.a, `pulse duration' is defined 
as the time interval from the point on the leading edge that is 50% 
of the pulse amplitude to the point on the trailing edge that is 50% 
of the pulse amplitude.
    e. Network analyzers having any of the following:
    e.1. An output power exceeding 31.62 mW (15 dBm) anywhere within 
the operating frequency range exceeding 43.5 GHz but not exceeding 
90 GHz;
    e.2. An output power exceeding 1 mW (0 dBm) anywhere within the 
operating frequency range exceeding 90 GHz but not exceeding 110 
GHz;
    e.3. `Nonlinear vector measurement functionality' at frequencies 
exceeding 50 GHz but not exceeding 110 GHz; or
    Technical Note: For the purposes of 3A002.e.3, `nonlinear vector 
measurement functionality' is an instrument's ability to analyze the 
test results of devices driven into the large-signal domain or the 
non-linear distortion range.
    e.4. A maximum operating frequency exceeding 110 GHz;
    f. Microwave test receivers having all of the following:
    f.1. Maximum operating frequency exceeding 110 GHz; and
    f.2. Being capable of measuring amplitude and phase 
simultaneously;
    g. Atomic frequency standards being any of the following:
    g.1. ``Space-qualified'';
    g.2. Non-rubidium and having a long-term stability less (better) 
than 1 x 10<SUP>-11</SUP>/month; or
    g.3. Non-``space-qualified'' and having all of the following:
    g.3.a. Being a rubidium standard;
    g.3.b. Long-term stability less (better) than 1 x 
10<SUP>-11</SUP>/month; and
    g.3.c. Total power consumption of less than 1 Watt.
    h. ``Electronic assemblies,'' modules or equipment, specified to 
perform all of the following:
    h.1. Analog-to-digital conversions meeting any of the following:
    h.1.a. A resolution of 8 bit or more, but less than 10 bit, with 
a ``sample rate'' greater than 1.3 Giga Samples Per Second (GSPS);
    h.1.b. A resolution of 10 bit or more, but less than 12 bit, 
with a ``sample rate'' greater than 1.0 GSPS;
    h.1.c. A resolution of 12 bit or more, but less than 14 bit, 
with a ``sample rate'' greater than 1.0 GSPS;
    h.1.d. A resolution of 14 bit or more but less than 16 bit, with 
a ``sample rate'' greater than 400 Mega Samples Per Second (MSPS); 
or
    h.1.e. A resolution of 16 bit or more with a ``sample rate'' 
greater than 180 MSPS; and
    h.2. Any of the following:
    h.2.a. Output of digitized data;
    h.2.b. Storage of digitized data; or
    h.2.c. Processing of digitized data;
    N.B.: Digital data recorders, oscilloscopes, ``signal 
analyzers,'' signal generators, network analyzers and microwave test 
receivers, are specified by 3A002.a.6, 3A002.a.7, 3A002.c, 3A002.d, 
3A002.e and 3A002.f, respectively.
    Technical Notes: For the purposes of 3A002.h:
    1. A resolution of n bit corresponds to a quantization of 2\n\ 
levels.
    2. The resolution of the ADC is the number of bits of the 
digital output of the ADC that represents the measured analog input 
word. Effective Number of Bits (ENOB) is not used to determine the 
resolution of the ADC.
    3. For non-interleaved multiple-channel ``electronic 
assemblies'', modules, or equipment, the ``sample rate'' is not 
aggregated and the ``sample rate'' is the maximum rate of any single 
channel.
    4. For interleaved channels on multiple-channel ``electronic 
assemblies'', modules, or equipment, the ``sample rates'' are 
aggregated and the ``sample rate'' is the maximum combined total 
rate of all the interleaved channels.
    Note: 3A002.h includes ADC cards, waveform digitizers, data 
acquisition cards, signal acquisition boards and transient 
recorders.
* * * * *
3B001 Equipment for the manufacturing of semiconductor devices or 
materials, as follows (see List of Items Controlled) and ``specially 
designed'' ``components'' and ``accessories'' therefor.

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2

[[Page 71956]]

 
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $500
GBS: Yes, except a.3 (molecular beam epitaxial growth equipment 
using gas sources), .e (automatic loading multi-chamber central 
wafer handling systems only if connected to equipment controlled by 
3B001. a.3, or .f), and .f (lithography equipment).

List of Items Controlled

Related Controls: See also 3B991.
Related Definitions: N/A
Items:

    a. Equipment designed for epitaxial growth as follows:
    a.1. Equipment designed or modified to produce a layer of any 
material other than silicon with a thickness uniform to less than 
<plus-minus>2.5% across a distance of 75 mm or more;
    Note: 3B001.a.1 includes atomic layer epitaxy (ALE) equipment.
    a.2. Metal Organic Chemical Vapor Deposition (MOCVD) reactors 
designed for compound semiconductor epitaxial growth of material 
having two or more of the following elements: aluminum, gallium, 
indium, arsenic, phosphorus, antimony, or nitrogen;
    a.3. Molecular beam epitaxial growth equipment using gas or 
solid sources;
    b. Equipment designed for ion implantation and having any of the 
following:
    b.1. [Reserved]
    b.2. Being designed and optimized to operate at a beam energy of 
20 keV or more and a beam current of 10 mA or more for hydrogen, 
deuterium, or helium implant;
    b.3. Direct write capability;
    b.4. A beam energy of 65 keV or more and a beam current of 45 mA 
or more for high energy oxygen implant into a heated semiconductor 
material ``substrate''; or
    b.5. Being designed and optimized to operate at beam energy of 
20 keV or more and a beam current of 10mA or more for silicon 
implant into a semiconductor material ``substrate'' heated to 600 
[deg]C or greater;
    c. [Reserved]
    d. [Reserved]
    e. Automatic loading multi-chamber central wafer handling 
systems having all of the following:
    e.1. Interfaces for wafer input and output, to which more than 
two functionally different `semiconductor process tools' controlled 
by 3B001.a.1, 3B001.a.2, 3B001.a.3 or 3B001.b are designed to be 
connected; and
    e.2. Designed to form an integrated system in a vacuum 
environment for `sequential multiple wafer processing';
    Note: 3B001.e does not control automatic robotic wafer handling 
systems ``specially designed'' for parallel wafer processing.
    Technical Notes:
    1. For the purposes of 3B001.e.1, `semiconductor process tools' 
refers to modular tools that provide physical processes for 
semiconductor production that are functionally different, such as 
deposition, implant or thermal processing.
    2. For the purposes of 3B001.e.2, `sequential multiple wafer 
processing' means the capability to process each wafer in different 
`semiconductor process tools', such as by transferring each wafer 
from one tool to a second tool and on to a third tool with the 
automatic loading multi-chamber central wafer handling systems.
    f. Lithography equipment as follows:
    f.1. Align and expose step and repeat (direct step on wafer) or 
step and scan (scanner) equipment for wafer processing using photo-
optical or X-ray methods and having any of the following:
    f.1.a. A light source wavelength shorter than 193 nm; or
    f.1.b. Capable of producing a pattern with a ``Minimum 
Resolvable Feature size'' (MRF) of 45 nm or less;
    Technical Note: For the purposes of 3B001.f.1.b, the `Minimum 
Resolvable Feature size' (MRF) is calculated by the following 
formula:

MRF = (an exposure light source wavelength in nm) x (K factor)/
numerical aperture

where the K factor = 0.35

    f.2 Imprint lithography equipment capable of production features 
of 45 nm or less;
    Note: 3B001.f.2 includes:

--Micro contact printing tools
--Hot embossing tools
--Nano-imprint lithography tools
--Step and flash imprint lithography (S-FIL) tools

    f.3. Equipment ``specially designed'' for mask making having all 
of the following:
    f.3.a. A deflected focused electron beam, ion beam or ``laser'' 
beam; and
    f.3.b. Having any of the following:
    f.3.b.1. A Full-Width Half-Maximum (FWHM) spot size smaller than 
65 nm and an image placement less than 17 nm (mean + 3 sigma); or
    f.3.b.2. [Reserved]
    f.3.b.3. A second-layer overlay error of less than 23 nm (mean + 
3 sigma) on the mask;
    f.4. Equipment designed for device processing using direct 
writing methods, having all of the following:
    f.4.a. A deflected focused electron beam; and
    f.4.b. Having any of the following:
    f.4.b.1. A minimum beam size equal to or smaller than 15 nm; or
    f.4.b.2. An overlay error less than 27 nm (mean + 3 sigma);
    g. Masks and reticles, designed for integrated circuits 
controlled by 3A001;
    h. Multi-layer masks with a phase shift layer not specified by 
3B001.g and designed to be used by lithography equipment having a 
light source wavelength less than 245 nm;
    Note: 3B001.h. does not control multi-layer masks with a phase 
shift layer designed for the fabrication of memory devices not 
controlled by 3A001.
    N.B.: For masks and reticles, ``specially designed'' for optical 
sensors, see 6B002.
    i. Imprint lithography templates designed for integrated 
circuits by 3A001;
    j. Mask ``substrate blanks'' with multilayer reflector structure 
consisting of molybdenum and silicon, and having all of the 
following:
    j.1. ``Specially designed'' for `Extreme Ultraviolet (EUV)' 
lithography; and
    j.2. Compliant with SEMI Standard P37.
    Technical Note: For the purposes of 3B001.j, `Extreme 
Ultraviolet (EUV)' refers to electromagnetic spectrum wavelengths 
greater than 5 nm and less than 124 nm.
* * * * *
3D003 `Computational lithography' ``software'' ``specially 
designed''for the ``development'' of patterns on EUV-lithography 
masks or reticles.

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes

List of Items Controlled

Related Controls: N/A
Related Definitions: For the purposes of 3D003, `computational 
lithography' is the use of computer modelling to predict, correct, 
optimize and verify imaging performance of the lithography process 
over a range of patterns, processes, and system conditions.
Items:

    The list of items controlled is contained in the ECCN heading.
* * * * *
3D006 `Electronic Computer-Aided Design' (`ECAD') ``software'' 
``specially designed'' for the ``development'' of integrated 
circuits having any ``Gate-All-Around Field-Effect Transistor'' 
(``GAAFET'') structure, and having any of the following (see List of 
Items Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for Description of All 
License Exceptions)

TSR: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. ``Specially designed'' for implementing `Register Transfer 
Level' (`RTL') to `Geometrical Database Standard II' (`GDSII') or 
equivalent standard; or
    b. ``Specially designed'' for optimization of power or timing 
rules.

[[Page 71957]]

    Technical Notes: For the purposes of 3D006:
    1. `Electronic Computer-Aided Design' (`ECAD') is a category of 
``software'' tools used for designing, analyzing, optimizing, and 
validating the performance of an integrated circuit or printed 
circuit board.
    2. `Register Transfer Level' (`RTL') is a design abstraction 
which models a synchronous digital circuit in terms of the flow of 
digital signals between hardware registers and the logical 
operations performed on those signals.
    3. `Geometrical Database Standard II' (`GDSII') is a database 
file format for data exchange of integrated circuit or integrated 
circuit layout artwork.
* * * * *
3E001 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of commodities controlled by 
3A (except 3A980, 3A981, 3A991, 3A992, or 3A999), 3B (except 3B991 
or 3B992) or 3C (except 3C992).

License Requirements

    Reason for Control: NS, MT, NP, RS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
NS applies to ``technology'' for            NS Column 1
 commodities controlled by 3A001, 3A002,
 3A003, 3B001, 3B002, or 3C001 to 3C006.
MT applies to ``technology'' for            MT Column 1
 commodities controlled by 3A001 or 3A101
 for MT reasons.
NP applies to ``technology'' for            NP Column 1
 commodities controlled by 3A001, 3A201,
 or 3A225 to 3A234 for NP reasons.
RS applies to ``technology'' for            China and Macau (See Sec.
 commodities controlled by 3A090 or 3B090.   742.6(a)(6))
RS applies to ``technology'' for            Worldwide (See Sec.
 commodities controlled in 3A090, when       742.6(a)(6))
 exported from China or Macau.
AT applies to entire entry................  AT Column 1
 

License Requirements Note: See Sec.  744.17 of the EAR for 
additional license requirements for microprocessors having a 
processing speed of 5 GFLOPS or more and an arithmetic logic unit 
with an access width of 32 bit or more, including those 
incorporating ``information security'' functionality, and associated 
``software'' and ``technology'' for the ``production'' or 
``development'' of such microprocessors.

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, Special Comprehensive Licenses, 
and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except N/A for MT, and ``technology'' for the 
``development'' or ``production'' of: (a) vacuum electronic device 
amplifiers described in 3A001.b.8, having operating frequencies 
exceeding 19 GHz; (b) solar cells, coverglass-interconnect-cells or 
covered-interconnect-cells (CIC) ``assemblies'', solar arrays and/or 
solar panels described in 3A001.e.4; (c) ``Monolithic Microwave 
Integrated Circuit'' (``MMIC'') amplifiers in 3A001.b.2; and (d) 
discrete microwave transistors in 3A001.b.3.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of equipment specified by ECCNs 
3A002.g.1 or 3B001.a.2 to any of the destinations listed in Country 
Group A:6 (See Supplement No.1 to part 740 of the EAR). License 
Exception STA may not be used to ship or transmit ``technology'' 
according to the General Technology Note for the ``development'' or 
``production'' of components specified by ECCN 3A001.b.2 or b.3 to 
any of the destinations listed in Country Group A:5 or A:6 (See 
Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) ``Technology'' according to the General 
Technology Note for the ``development'' or ``production'' of certain 
``space-qualified'' atomic frequency standards described in Category 
XV(e)(9), MMICs described in Category XV(e)(14), and oscillators 
described in Category XV(e)(15) of the USML are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). See also 3E101, 3E201 and 
9E515. (2) ``Technology'' for ``development'' or ``production'' of 
``Microwave Monolithic Integrated Circuits'' (``MMIC'') amplifiers 
in 3A001.b.2 is controlled in this ECCN 3E001; 5E001.d refers only 
to that additional ``technology'' ``required'' for 
telecommunications.
Related Definition: N/A
Items:

    The list of items controlled is contained in the ECCN heading.
    Note 1: 3E001 does not control ``technology'' for equipment or 
``components'' controlled by 3A003.
    Note 2: 3E001 does not control ``technology'' for integrated 
circuits controlled by 3A001.a.3 to a.14, having all of the 
following:
    (a) Using ``technology'' at or above 0.130 [mu]m; and
    (b) Incorporating multi-layer structures with three or fewer 
metal layers.
    Note 3: 3E001 does not apply to `Process Design Kits' (`PDKs') 
unless they include libraries implementing functions or technologies 
for items specified by 3A001 or 3A090.
    Technical Note: For the purposes of 3E001 Note 3, a `Process 
Design Kit' (`PDK') is a software tool provided by a semiconductor 
manufacturer to ensure that the requ

[…truncated; see source link]
Indexed from Federal Register on October 18, 2023.

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